IN THE CASE OF:	  

		BOARD DATE:	        04 DECEMBER 2008

		DOCKET NUMBER:  AR20080016185 


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 award of the Purple Heart.

2.  The applicant states that he was wounded in combat on 23 May 1969 in the Republic of Vietnam. 

3.  The applicant provides the following additional documentary evidence in support of his request:

	a.  Self-authored statement, dated 8 September 2008.

	b.  Headquarters, Americal Division, General Orders Number 8044, dated 20 August 1969, showing award of the Bronze Star Medal with “V” Device.

	c.  Order for individual name change, dated 9 August 2000, District Court of Clark County, Washington.

	d.  DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 29 June 1987.

	e.  Copy of Social Security Card.

	f.  Headquarters, 67th Medical Group, memorandum for record, subject: Rocket Attack at 312th Evacuation Hospital (MEDREP), dated 9 June 1969.

	g.  News release, Office of the Surgeon General, U.S. Army Technical Liaison Office, Washington, DC.

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 records show that he was inducted into the Army of the United States on 16 November 1966.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11H (Direct Fire Crewman).  He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) on
15 November 1968.  The highest rank/grade he attained during this period of military service was specialist four (SP4)/E-4.

3.  After a break in service, the applicant enlisted in the Regular Army for a period of 4 years on 10 February 1969.  He was honorably discharged on 3 May 1973 for the purpose of immediate reenlistment and reenlisted in the Regular Army for a period of 6 years on 4 May 1973.  He subsequently executed a       36-month extension on 29 June 1978 and a 6-year reenlistment on 30 April 1982. He was awarded MOS 71D (Legal Specialist) and was promoted to sergeant first class (SFC)/E-7 on 4 July 1979.  He was permanently retired by reason of physical disability on 30 June 1987. 

4.  The applicant’s records show he served in the Republic of Vietnam from 10 March 1969 to 9 March 1970 and 10 August 1971 to 15 June 1972. 

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214, dated 29 June 1987, shows he was awarded the Bronze Star Medal (1st Oak Leaf Cluster) and “V” Device, the Army Commendation Medal (1st Oak Leaf Cluster), the Army Achievement Medal, the Good Conduct Medal (7th award), the National Defense 
Service Medal, the Vietnam Service Medal with six bronze service stars, the  Vietnam Campaign Medal, the Noncommissioned Officers Professional Development Ribbon with Numeral 3, the Army Service Ribbon, the Overseas Service Ribbon (2nd Award), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Combat Infantryman Badge, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  Item 13 does not show award of the Purple Heart.

6.  The applicant's name is shown on the Vietnam Casualty Roster under code "23" indicating he was wounded in action and that his wounds required hospitalization.  The roster shows the date of injury as 23 May 1969.

7.  There are no general orders in the applicant's records that show he was awarded the Purple Heart.

8.  In his self-authored statement, dated 8 September 2008, the applicant states that on 23 May 1969, while securing a landing zone, his unit came under enemy attack and that he was wounded in his left heel and lower calf by shrapnel from an explosion.  Along with two other Soldiers, he was medically evacuated to the 312th Evacuation Hospital in Chu Lai, Vietnam, where he stayed for about
3 weeks.  He adds that prior to his release, the hospital was attacked by enemy rockets where a lieutenant was killed and some Vietnamese patients were wounded.  

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.

DISCUSSION AND CONCLUSIONS:

The applicant states that on 23 May 1969, while securing a landing zone, his unit came under enemy attack and that he was wounded in his left heel and lower calf by shrapnel from an explosion and that he was treated at a field hospital.   The applicant’s name is shown on the Vietnam Casualty Roster as being wounded as a result of hostile action on 23 May 1969, which is consistent with the applicant’s statement.  Therefore, there is sufficient evidence to show that he is entitled to award of the Purple Heart and correction of his records to show this 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 awarding the applicant the Purple Heart for wounds received in action on 23 May 1969 and adding the Purple Heart to his DD Form 214 for the period ending on 29 June 1987.



      ________XXX______________
               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)                                         AR20080016185



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ABCMR Record of Proceedings (cont)                                         AR20080016185



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