IN THE CASE OF:	  
		BOARD DATE:	  18 December 2008

		DOCKET NUMBER:  AR20080016808 


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

2.  The applicant states, in effect, that he is a Purple Heart recipient and it is not included on his DD Form 214.  He adds that the Purple Heart award certificate is not sufficient verification that he received the Purple Heart for his Department of Veterans Affairs identification card.

3.  In support of his application, the applicant submits a copy of his DD Form 214, a copy of orders awarding him the Army Commendation Medal with "V" Device and the Bronze Star Medal, and a copy of an undated letter addressed to "All Purple Heart Recipients" which was prepared and distributed by Headquarters, 12th Evacuation Hospital (SMBL [surgical-mobile]).

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 December 1969.  He completed basic combat training at Fort Ord, California and his advanced individual training at Fort Leonard Wood, Missouri.  After completing all required training, he was awarded military occupational specialty (MOS) 12A (Pioneer).

3.  The applicant served in Vietnam with Company A, 65th Engineer Battalion, 25th Infantry Division, from 18 April 1970 through 24 June 1970.

4.  The applicant was honorably separated for the purpose of permanent physical disability retirement on 22 July 1971, under the provisions of Title 10, U.S. Code, section 1201.  He was separated in the rank and pay grade of Specialist Four (SP4)/E-4.  On the date he was placed on the retired list, he had served 1 year and 10 months active military service and had 7 days time lost.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal and the Vietnam Service Medal.  No other awards, to include the Purple Heart, are shown on the applicant's DD Form 214.

6.  An entry appears in Item 40 (Wounds) of the applicant's DA Form 20, Enlisted Qualification Record, to show that he received a gunshot wound to the back of the legs and buttocks on 16 June 1970 in action against a hostile force.

7.  The applicant's name appears on the Vietnam Casualty List; however, he was identified with an erroneous service number.

8.  A copy of a Western Union Telefax addressed to the applicant's parents is on file in his service personnel record.  This Telefax states, in pertinent part, that the applicant was "slightly wounded in action in Cambodia on 16 June 1970 by small arms fire while driver of a military vehicle on a military mission when a hostile force was encountered.  He received wounds to both legs and the buttocks."


9.  There is no entry in Item 41 (Awards and Decorations) of the DA Form 20 showing that the applicant was awarded the Purple Heart.

10.  Orders on file in the applicant's service personnel record, General Orders Number 140, paragraph 1, published by Headquarters, 12th Evacuation Hospital (SMBL), dated 17 June 1970, show he was awarded the Purple Heart for wounds he received in connection with military operations against a hostile force on 16 June 1970.

11.  The applicant was awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force for the period April 1970 to June 1970 by General Orders Number 7191, published by Headquarters, 25th Infantry Division on 22 June 1970.  The Bronze Star Medal is not shown on the applicant's DD Form 214.

12.  The applicant was awarded the Army Commendation Medal with "V" Device, for heroism in connection with military operations against a hostile force on
16 June 1970, by General Orders Number 6829, published by Headquarters, 25th Infantry Division on 17 June 1970.  The Army Commendation Medal with "V" Device is not shown on the applicant's DD Form 214.

13.  The applicant's DD Form 214 shows his entitlement to the Vietnam Service Medal; however, it does not show the bronze service stars to which the applicant is entitled for his campaign participation.

14.  While in Vietnam, the applicant participated in the following campaigns:  the Vietnam Winter-Spring 1970, which extended from 1 November 1969 through 30 April 1970; and the Sanctuary Counteroffensive, which extended from 1 May through 30 June 1970.

15.  The applicant's DD Form 214 does not show his entitlement to the Republic of Vietnam Campaign Medal.

16.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), dated 29 January 1988, which lists unit awards received by units serving in Vietnam, shows that the unit the applicant was assigned to was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 1 September 1968 through 30 September 1970, by Department of the Army General Order (DAGO) Number 5, dated 1973; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 13 March 1966 through 21 January 1970, by DAGO 51, dated 1971.  These unit awards are not show on the applicant's DD Form 214.

17.  The applicant was awarded the Expert Marksmanship Qualification Badge with Automatic Rifle Bar [M-16 Rifle] in Special Orders Number 77, Paragraph 300, published by Headquarters, US Army Training Center Engineer and Fort Leonard Wood, Fort Leonard Wood, Missouri, on 18 March 1970.

18.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained 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.

19.  Army Regulation 600-8-22 also provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal.  The Government of Vietnam awarded this medal to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or service outside the geographical limits of the Republic of Vietnam that contributed direct combat support to the Republic of Vietnam and its Armed Forces.  Individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were medically evacuated from Vietnam prior to having completed six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

20.  Army Regulation 670-1 (Wearing and Appearance of Army Uniforms and Insignia), chapter 29, prescribes policy and guidance for wear of U.S. and foreign unit awards.  This regulation states that a Soldier may wear the unit award permanently if the individual was assigned to, and present for duty with the unit any time during the period cited; or was attached by competent orders to, and present for duty with the unit during the entire period, or for at least thirty consecutive days of the period cited.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Purple Heart for wounds he sustained in action against a hostile enemy on 16 June 1970; however, the Purple Heart was not included on his DD Form 214 when he was separated and transferred to the disability retired list.  He is entitled to have the Purple Heart added to his DD Form 214 at this time.

2.  The applicant was awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force.  The Bronze Star Medal is not shown on the applicant's DD Form 214.  It would be appropriate to add this award to his DD Form 214 at this time.
3.  The applicant was awarded the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile force on 16 June 1970.  The Army Commendation Medal with "V" Device is not shown on the applicant's DD Form 214.  It would be appropriate to add this award to his DD Form 214 at this time.

4.  The applicant served in two campaigns while he served in Vietnam.  He is therefore entitled to award of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal and to have these two bronze service stars added to his DD Form 214.

5.  While in Vietnam, the applicant qualified for award of the Vietnam Service Medal.  He was medically evacuated from Vietnam before he had completed six months service in Vietnam as a result of having been wounded in action against a hostile force.  The applicant qualified for award of the Republic of Vietnam Campaign Medal and he is entitled to have this award added to his DD Form 214 at this time.

6.  The applicant was awarded the Expert Marksmanship Qualification Badge with Automatic Rifle Bar.  The Expert Marksmanship Qualification Badge with Automatic Rifle Bar is not shown on the applicant's DD Form 214.  It would be appropriate to add this marksmanship award to his DD Form 214 at this time.

7.  The applicant served in a unit which was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was a member of the unit.  These unit awards are not shown on his DD Form 214.  He is entitled to these unit awards and to have them added to his DD Form 214 at this time.

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 the applicant's DD Form 214 and adding in its place the Vietnam Service Medal with two bronze service stars;

	b.  adding the Purple Heart, the Army Commendation Medal with "V" Device, the Bronze Star Medal, the Expert Marksmanship Qualification Badge with Automatic Rifle Bar, the Republic of Vietnam Campaign Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citations, and the Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20080016808



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ABCMR Record of Proceedings (cont)                                         AR20080016808



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