IN THE CASE OF:	  

		BOARD DATE:	       30 DECEMBER 2008

		DOCKET NUMBER:  AR20080016751 


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 received a shrapnel injury to his chest during his service in the Republic of Vietnam and that he would like to be awarded this medal and add it to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

3.  The applicant provided a copy of his DD Form 214, dated 22 September 1971; a copy of his Standard Form 502 (Clinical Record-Narrative Summary), dated 24 July 1971; a copy of a Radiographic Report, dated 22 September 1971; and a copy of his Standard Form 88 (Report of Medical Examination), dated 22 September 1971, 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 records show that he enlisted in the Regular Army for a period of 3 years on 20 February 1969.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 63C (General Vehicle Repairman).  He was honorably separated and transferred to the U.S. Army Reserve (USAR) Control Group on 22 September 1971.  The highest rank/grade he attained during his military service was staff specialist five (SP5)/E-5.

3.  The applicant’s records show he served in the Republic of Vietnam from 24 June 1970 to 21 September 1971.  He was assigned to Troop B, 1st Squadron, 10th Cavalry, 4th Infantry Division.

4.  Item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with "1960-Device," and the Good Conduct Medal.  Item 24 does not show award of the Purple Heart.

5.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows a blank entry.   

6.  The applicant's name is shown on the Vietnam Casualty Roster under code "25" indicating he was wounded in action.  The roster lists the date of injury as 16 July 1971.

7.  The applicant's Standard Form 502, dated 24 July 1971, shows that he received a penetrating fragment wound to the right side of his chest on 16 July 1971 and that he was treated for this injury.

8.  The applicant's Standard Form 88, dated 22 September 1971, shows that the applicant underwent a separation physical examination and that the attending physician noted an irregular foreign metallic body superimposing the area of his right hilum.  

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.  This regulation further states that there is no time limit on submission of requests for award of the Purple Heart.

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

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 1st Squadron, 10th Cavalry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 52, dated 1971.

12.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive, Phase VII (1 July 1970 to 20 June 1971) and the Consolidation I (1 July 1971 to 30 November 1971) 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart. 

2.  The evidence of record shows that the applicant sustained a penetrating fragment wound to his chest as a result of hostile action in the Republic of Vietnam on 16 July 1971; that he was treated by military medical personnel; and that his treatment was made a matter of official record.  The evidence of record further shows that the applicant’s name appears on the Vietnam Casualty Roster as being wounded as a result of hostile action on 16 July 1971.  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.

3.  General Orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his records.  Therefore, he is entitled to have his records corrected to show these awards.

4.  Evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of two bronze service stars to be affixed to the Vietnam Service Medal.




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 16 July 1971 in the Republic of Vietnam; and

	b.  adding award of the Purple Heart, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal to his DD Form 214.



      _______ _ 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)                                         AR20080016751



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ABCMR Record of Proceedings (cont)                                         AR20080016751



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