IN THE CASE OF:	  

		BOARD DATE:	        18 February 2009

		DOCKET NUMBER:  AR20080016493 


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 the Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant makes no additional statement.

3.  The applicant provides a copy of his DD Form 214.

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 for 2 years on 6 February 1967.  He was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He served in Vietnam from on/about 1 February 1968 to on/about 28 January 1969.  His initial assignment in Vietnam was with C Troop, 7th Squadron, 1st Air Cavalry Regiment (Blackhawks).  On/about 8 May 1968, he was reassigned to Headquarters and Headquarters Detachment, 11th Combat Aviation Battalion, where he served as a security guard.  Later he was attached to Headquarters, 1st Infantry Division as a member of the Phu Loi Patrol.

3.  The applicant returned to the United States on 28 January 1969 and was honorably separated on 29 January 1969 at Fort Dix, NJ.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal (no bronze service stars are annotated), the Vietnam Campaign Medal, the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and Machinegun Bar (M-60), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).  It does not show the Purple Heart as an authorized award.

4.  There are no orders in the applicant’s records showing he was awarded the Purple Heart.

5.  The applicant’s records contain two DA Forms 20 (Enlisted Qualification Record).  Neither form indicates a wounding in Item 40 (Wounds) or the Purple Heart in Item 41 (Awards and Decorations).

6.  The applicant’s complete medical records are not available for review; however, his separation physical examination is available.  Standard Form 89 (Report of Medical History), completed by the applicant, has an entry, “I was shot in action on the 2nd of Sept. in RVN.  I was shot in the abdominal wall.”  Standard Form 88 (Report of Medical Examination), completed by medical personnel, notes a “scar [on] right flank.”

7.  During the processing of this case, the analyst of record reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any the Purple Heart orders on file for the applicant.

8.  The applicant's name is shown on the Vietnam Casualty Roster under code "23" indicating that he was slightly wounded in hostile action and required hospitalization.  The date of the injury is shown as 2 September 1968.

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, and the medical treatment must have been made a matter of official record.  

10.  Review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.

11.  Army Regulation 600-8-22, at Appendix B, shows that the applicant participated in the following four campaigns – TET Counteroffensive and the Vietnam Counteroffensive, Phases IV through VI.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

12.  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 the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 22 February 1967 to 17 May 1968 by Department of the Army General Order Number 21, dated 1969.  It also shows that the unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1965 to 7 April 1970 by Department of the Army General Order Number 53, dated 1970.

13.  The applicant’s records contain Special Orders Number 128, Headquarters, United States Army Vietnam, dated 7 May 1968, awarding him the Combat Infantryman Badge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests the Purple Heart be added to his DD Form 214.  It is unclear whether the applicant is referring to an already-awarded Purple Heart or whether he is requesting award of the Purple Heart.  Since there are no orders available to show he was previously awarded the Purple Heart, the request is being treated as a new award.

2.  The records show the applicant was wounded in action on 2 September 1968 and required hospitalization.  He is entitled to award of the Purple Heart and to have his DD Form 214 show that award.

3.  The applicant has orders awarding him the Combat Infantryman Badge.  This badge should be added to his DD Form 214.

4.  The applicant was awarded the Vietnam Service Medal.  Additionally, records show he participated in four campaigns while serving in the Republic of Vietnam; therefore, he is entitled to award of four bronze service stars to be affixed to the Vietnam Service Medal.

5.  The units to which the applicant was assigned were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his tenure.  These foreign unit awards should be added to his DD  Form 214.

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 in action on 2 September 1968 in the Republic of Vietnam; and

	b.  amending his DD Form 214 to add award of the Purple Heart, the Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal-First Class Citation, and four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.



															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)                                         AR20080016493





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ABCMR Record of Proceedings (cont)                                         AR20080016493



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