IN THE CASE OF:	  

		BOARD DATE:	       23 December 2008

		DOCKET NUMBER:  AR20080014926


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his DD Form 214 (Report of Transfer or Discharge) be corrected to show his award of the Purple Heart. 

2.  The applicant states he was wounded and awarded the Purple Heart but that it is not reflected on his DD Form 214.

3.  The applicant provides no supporting documentation.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant was inducted into the Army on 6 December 1967, completed training, and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3.  The applicant served in Vietnam with Company D, 3rd Battalion, 21st Infantry Regiment, 196th Infantry Brigade from 23 October 1968 through 23 May 1969.  

4.  The applicant's service medical records show that on 18 May 1969 he was wounded during an enemy mortar attack at Tan Ky, Republic of Vietnam.  His medical records show he sustained fragment wounds to his left hand with nerve involvement and to his back.  

5.  A DA Form 8-275-3 (Clinical Record Cover Sheet), dated 20 May 1969, shows that the applicant was awarded the Purple Heart by Headquarters, 27th Surgical Hospital General Orders Number 104, dated 19 May 1969.  A copy of these General Orders could not be located.

6.  The applicant was released from active duty on 25 August 1969, with an under honorable conditions characterization of service, and transferred to the U.S. Army Reserve Control Group (Annual Training) as a specialist four.

7.  His DD Form 214 lists his awards as the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Combat Infantryman Badge, the Sharpshooter Marksmanship Badge with Rifle Bar (M-14), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

8.  A review of the Vietnam Casualty Roster shows that the applicant was wounded in action on 18 May 1969.

9.  The applicant's DA Form 20 lists his awards as: the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Combat Infantryman Badge, the Sharpshooter Marksmanship Badge with Rifle Bar (M-14), and the Marksman Marksmanship Qualification Badge with Rifle (M-16) and Machinegun Bars.  It also shows participation in one campaign. 

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that while the applicant was assigned to the 3rd Battalion, 21st Infantry Regiment, 196th Infantry Brigade, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Valorous Unit Award.  



11.  Army Regulation 600-8-22 (Military Awards) authorizes a bronze service star, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal.  A silver service star is authorized in lieu of five bronze service stars.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, Appendix B indicates he participated during the following three campaign periods: the Counteroffensive Phase V, 1 July 1968 – 1 November 1968; the Counteroffensive Phase VI, 2 November 1968 – 22 February 1969; and the Tet 69 Counteroffensive, 23 February 1969 – 8 June 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he was wounded and awarded the Purple Heart but that it is not reflected on his DD Form 214.

2.  The applicant's medical records show he was wounded in combat and was awarded the Purple Heart while receiving treatment at the 27th Surgical Hospital. Therefore, it is appropriate to correct the DD Form 214 to show this award.

3.  The applicant served in Vietnam during three campaigns period and is authorized to wear three bronze service stars on his Vietnam Service Medal.

4.  In addition to the awards listed on the DD Form 214, the applicant was also assigned to a unit that was authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Valorous Unit Award. 

BOARD VOTE:

___X____  ___X____  ___X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that, in addition to the awards listed on the DD Form 214, the applicant 
is also authorized the Purple Heart, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Valorous Unit Award and to show he is eligible to wear three bronze service stars on his already-awarded Vietnam Service Medal.  




      _______ _   _______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080016205



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ABCMR Record of Proceedings (cont)                                         AR20080014926



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