IN THE CASE OF:	  

		BOARD DATE:	       10 February 2009

		DOCKET NUMBER:  AR20080017090 


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

2.  The applicant states, in effect, that he was awarded the Purple Heart but it was omitted from his DD Form 214.

3.  The applicant provides copies of his DD Form 214 and an award certificate for the Purple Heart. 

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 served on active duty from 3 February 1966 through 2 February 1969.  

3.  His DA Form 20 (Enlisted Qualification Record) shows service in Vietnam as a medical specialist with Headquarters and Headquarters Company, 1st Battalion, 5th Calvary Regiment from 22 September 1966 through 24 February 1967.  He is shown to have been transferred, as a patient, to the 249th General Hospital in Japan for the period from 25 February 1967 through 26 March 1967.  

4.  The applicant’s DA Form 20 shows in Block 39 that he participated in two campaigns.  However, the evidence shows he participated in only one campaign.  Block 40 of the DA Form 20 shows he was wounded in the knee by a hand grenade on 6 January 1967.  Block 41 lists his awards as the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Combat Medical Badge, the Parachutist Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  

5.  His DD Form 214 lists his awards as the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device 1960, the Combat Medical Badge, the Parachutist Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  A certificate awarding the applicant the Purple Heart was issued by a Lieutenant Colonel, Medical Corps on 9 January 1967.  The certificate shows the Purple Heart was issued for wounds the applicant received on 5 January 1967.

7.  The applicant's complete medical record is not available.  However, the available record contains a copy of a physical profile showing he was given a permanent T-3 profile for a knee injury and a separation physical that shows residuals of a knee injury. 

8.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Purple Heart.

9.  A review of the Republic of Vietnam Casualty Roster failed to reveal the applicant’s name.



10.  Army Regulation 600-8-22 (Military Awards), in effect at the time, provided 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.

11.  Army Regulation 600-200, chapter 9 of the version in effect at the time, stated, in pertinent part, that a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 (wounds) of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.

12.  Army Regulation 600-8-22 also provides the following pertinent information:  a bronze service star is authorized, 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.  A silver service star is authorized in lieu of five bronze service stars.  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 Counteroffensive Phase II campaign, 1 July 1966 – 31 May 1967. 

13.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, for award of the Purple Heart.  The regulation stated that authority to award the Purple Heart was delegated to hospital commanders.  Further, it directed that all personnel treated and released within 24 hours will be awarded the Purple Heart by the organization to which the individual is assigned.  Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam will be awarded the Purple Heart directly by the hospital commander rendering treatment.

14.  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 that while the applicant was assigned to the 1st Battalion, 5th Calvary Regiment, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states, in effect, that he was awarded the Purple Heart but it was omitted from his DD Form 214.

2.  The applicant's record does not contain an order for award of the Purple Heart.  

3.  The applicant’s DA Form 20 shows he was wounded in his knee by a hand grenade on 6 January 1967 and the available Purple Heart Certificate shows he was wounded on 5 January 1967. 

4.  The Purple Heart Certificate was issued to the applicant by a Lieutenant Colonel, Medical Corps on 9 January 1967.  It is reasonable to believe the certificate would have the correct date of the wound since it was awarded to the applicant by a lieutenant colonel at the hospital.  

5.  The applicant’s DA Form 20 and the Purple Heart Certificate together are sufficient to support correction of the applicant’s records to reflect award of the Purple Heart for a wound received on 5 January 1967.

6.  Despite the entry on the DA Form 20 showing participation during two campaign periods, the applicant's period of service in Vietnam covered only one campaign period.  He is entitled to wear a bronze service star on his Vietnam Service Medal for this period. 

7.  In addition to the awards listed on the DD Form 214, the applicant is also entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

8.  It is appropriate to correct the applicant's DD Form 214 to include his award of the Purple Heart, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and to wear a bronze service star on his 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 showing in addition to the awards listed on the DD Form 214, the applicant was also awarded the Purple Heart, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and a bronze service star to be worn on the already-awarded Vietnam Service Medal.




      _______ _  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)                                         AR20080017090



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ABCMR Record of Proceedings (cont)                                         AR20080017090



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