IN THE CASE OF:	  

		BOARD DATE:	  	  16 December 2008

		DOCKET NUMBER:  AR20080015568 


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, in effect, award of the Purple Heart (PH). 

2.  The applicant states, in effect, that there is no record of his Purple Heart on his separation document (DD Form 214).

3.  The applicant provides no additional documents in support of his application.

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's record shows that he was inducted into the Army of the United States and entered active duty on 28 December 1965.  He was trained in and awarded military occupational specialty (MOS) 36K (Field Wireman).  The highest grade he attained was specialist four (SP4)/pay grade E-4.  
3.  The applicant's Enlisted Qualification Record (DA Form 20) shows he served in the Republic of Vietnam (RVN) from 21 November 1966 to 30 September 1967.  Item 38 (Record of Assignments) of this document shows, in pertinent part, that he was assigned to Headquarters and Headquarters Company,
4th Battalion, 12th Infantry, 199th Infantry Brigade.  Item 40 (Wounds) shows he sustained multiple fragment wounds to his right leg and right arm on 13 May 1967.  Item 41 (Awards and Decorations) shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Combat Infantryman Badge, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and the Republic of Vietnam Campaign Medal with Device (1960).  

4.  The applicant’s military service records contain a copy of a Vietnam Casualty Message, dated 15 May 1967.  This document shows that the applicant was not seriously injured when he sustained metal fragment wounds to the right arm and right leg as a result of hostile action on 13 May 1967.  He was in an ambushed patrol when it engaged a hostile force in firefight.  He was treated at the 24th Evacuation Hospital and held for further treatment.

5.  The applicant’s military service records contain a copy of a Western Union Telefax, dated 15 May 1967.  This document shows the applicant’s parents were notified and provided the following message, “The Secretary of the Army has asked me to inform you that your son, Specialist 4 R_____ A. M_________, was slightly wounded in Vietnam on 13 May 1967 as a result of hostile action.  He sustained metal fragment wounds to right arm, right leg.  He was in an ambush patrol when engaged hostile force in firefight.  He was treated at 24th Evacuation Hospital APO San Francisco and is being held for further treatment.  Address mail to him at above named facility.  Since he was not repeat not seriously wounded no further reports will be furnished." 

6.  There are no orders in the applicant’s military service records showing award of the Purple Heart.  However, the applicant's record contains the Vietnam Casualty Message and Western Union Telefax verifying the applicant was wounded in action on 13 May 1967 as a result of hostile action.

7.  On 2 October 1967, the applicant was honorably released from active duty (REFRAD) in the rank of SP4 after completing 1 year, 9 months, and 5 days of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the separation document (DD Form 214) he was issued at the time shows that he earned the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal with Device (1960), the Combat Infantryman Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  The Purple Heart is not included in the list of awards on his DD Form 214.
8.  A review of the applicant's records reveals that he may be authorized additional awards that are not shown on his DD Form 214.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

10.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnamese Counteroffensive Phase II (1 July 1966 - 31 May 1967) and the Vietnamese Counteroffensive Phase III (1 June 1967 - 29 January 1968) campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

11.  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 at the time of the applicant's assignment to Headquarters and Headquarters Company, 4th Battalion, 12th Infantry, 199th infantry Brigade the unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters, Department of the Army, General Orders Number 51 (1971).

12.  Department of the Army Pamphlet 672-3 also shows that the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974, was awarded to Headquarters, United States Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to
28 March 1973.

13.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in pertinent part, states that unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached by competent orders to and present for duty with the unit during the entire period or at least 30 consecutive days of the period cited.




DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to correction of his records to show award of the Purple Heart was carefully considered and found to have merit.

2.  The evidence of record shows that the applicant was wounded in action, on
13 May 1967, having sustained multiple fragment wounds to the right arm and right leg while on a combat operation in Vietnam.  The evidence of record also 
shows the applicant was treated for his wounds at the 24th Evacuation Hospital.  Therefore, in view of the foregoing, the applicant’s records should be corrected to show award of the Purple Heart.

3.  Records show that the applicant participated in two campaign periods during his tenure in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal.

4.  General Orders awarded the applicant's unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

5.  General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign 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:

   a.  awarding the applicant the Purple Heart for wounds received as a result of hostile action on 13 May 1967 in the Republic of Vietnam; and
   b.  adding to Item 24 of his DD Form 214 the Purple Heart, two bronze service stars for wear on his already-awarded Vietnam Service Medal, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.



      __________X____________
               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)                                         AR20080015568



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ABCMR Record of Proceedings (cont)                                         AR20080015568



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