IN THE CASE OF:	  

		BOARD DATE:	       8 January 2009

		DOCKET NUMBER:  AR20080016566 


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 award of the Purple Heart be added to his DD Form 214 (Report of Transfer or Discharge).

2.  The applicant states he was wounded on 3 December 1970 by an anti-personnel mine while on patrol.  He was awarded the Purple Heart but did not receive the medal until 1984.  He is currently in receipt of Department of Veterans Affairs (VA) disability benefits for his wounds.

3.  The applicant provides copies of his DD Form 214, a telegram to his wife, and a 13 November 1984 DA Form 1577 (Authorization for Issuance of Awards).

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.  Attempts to locate the applicant's service records have met with negative response.  The records appear to have been charged out in 1984 and either not returned or misfiled.  Therefore, this case will be processed on the documentation provided by the applicant.

3.  The DD Form 214 provides the following information:

	a.  honorable service from 3 February 1970 through 6 October 1971;

	b.  award of military occupational specialty (MOS) 11B2O (Light Weapons Infantryman);

	c.  service in Vietnam from 30 June 1970 to 12 December 1970 (5 months and 13 days);

	d.  award of the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Combat Infantryman Badge; and 

	e.  separation from active duty for the convenience of the government under Secretarial plenary authority.

4.  On 4 December 1970, a Western Union Telegram was sent to the applicant's wife notifying her that the applicant had sustained fragment wounds to his face and both thighs when a mine detonated while on a military mission.  He received treatment and was hospitalized for his wounds.

5.  On 13 November 1984, a DA Form 1577 was prepared by the Reserve Components Personnel and Administration Center (RCPAC), St. Louis, Missouri stating that the applicant was authorized issuance of the Purple Heart.

6.  A review of the Vietnam Casualty Roster shows the applicant was wounded in action on 3 December 1970.

7.  Department of the Army General Orders Number 8, 1974, announced   award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U. S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters,        U. S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.


8.  Army Regulation 600-8-22 (Military Awards) provides the following pertinent guidance:

	a.  the Purple Heart is awarded to an individual who is wounded in action against an enemy of the United States, the armed force of a foreign country which is or has been engaged, while serving with a friendly foreign forces against an opposing force even though the U.S. is not engaged, as the result of any act of such enemy or opposing force or as a result an act of any hostile foreign force.  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; and

	b.  authorizes a bronze service star, based on qualifying service, for each designated campaign period listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal.  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 served during the following two campaign periods:  the DA Sanctuary Counteroffensive (1 May 1970 - 30 June 1970) and the Counteroffensive Phase VII (1 July 1970 - 30 June 1971).

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he was wounded on 3 December 1970 by an anti-personnel mine while on patrol.  He was awarded the Purple Heart but did not receive the medal until 1984.  

2.  The applicant was wounded in action on 3 December 1970 and received medical treatment that was of record as documented by the notation in the Western Union Telegram.  He is also listed on the Vietnam Casualty Roster.  Therefore, he is entitled to award of the Purple Heart and to have it added to his DD Form 214.

3.  The applicant served during two campaign periods in Vietnam and is authorized to wear two bronze service stars on his Vietnam Service Medal.  Therefore, he is entitled to the Vietnam Service Medal with 2 bronze service stars and to have it added to his DD Form 214.

4.  In addition to the awards listed on his DD Form 214, the applicant is also authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation and to have it 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.  deleting the Vietnam Service Medal from his DD Form 214;
   
   b.  awarding the Purple Heart for wounds received in action on 3 December 1970; and
   
   c.  adding the Purple Heart, the Vietnam Service Medal with 2 bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214.



      _________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)                                         AR20080016566



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ABCMR Record of Proceedings (cont)                                         AR20080016566



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