IN THE CASE OF:	  

		BOARD DATE:	        08 JANUARY 2009

		DOCKET NUMBER:  AR20080017185 


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 correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show that he was awarded the Purple Heart.

2.  The applicant states, in effect, that he was injured while he was in Vietnam and that he was sent to Japan.  He states that his medal never caught up with him.

3.  The applicant provides in support of his application, a copy of his DD Form 214 and a copy of an Authorization for Issuance of Awards (DA Form 1577) dated 27 October 1971.

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.  On 27 May 1969, the applicant was inducted into the Army in Detroit, Michigan.  He successfully completed his training as a light weapons infantryman.  He was transferred to Vietnam on 14 May 1970 and he was assigned to Company B, 6th Battalion, 31st Infantry Regiment, 9th Infantry Division.

3.  While in Vietnam the applicant participated in the following three campaigns:  the Vietnam Winter-Spring 1970 Campaign, which extended from 1 November 1969 through 30 April 1970; the Sanctuary Counteroffensive Campaign, which extended from 1 May through 30 June 1970; and the Vietnam Counteroffensive Campaign, Phase VII, which extended from 1 July 1970 through 30 June 1971.

4.  In undated correspondence, the applicant's family was notified that he had been slightly wounded in action in Vietnam on 25 August 1970 by a fragment when a booby trap detonated while he was on a combat operation.  The correspondence shows that he was wounded in the abdomen and that he was treated and hospitalized in Vietnam.

5.  On 26 August 1970, Headquarters, 25th Infantry Division, General Orders Number 9256 were published awarding the applicant the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile force while in the Republic of Vietnam on 25 August 1970.

6.  On 27 August 1970, Headquarters, 25th Infantry Division, General Orders Number 9276 were published awarding the applicant the Bronze Star Medal for meritorious service in connection with military operations against a hostile force while in the Republic of Vietnam from April 1970 to August 1970.

7.  The applicant returned to the Continental United States and he was honorably released from active duty (REFRAD) on 12 March 1971, under the provision of Army Regulation 635-200, chapter 5, as an overseas returnee.  He had completed 1 year, 9 months, and 2 days of total active service.

8.  The DD Form 214 that he was furnished at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, one Overseas Service Bar, the Combat Infantryman Badge, and the Marksman Marksmanship Qualification Badge (Rifle M-14).  However, the Army Commendation Medal with "V" Device and the Bronze Star Medal were never included on his DD Form 214.

9.  A review of the applicant's records does not show that orders were ever published awarding him the Purple Heart for the wounds he sustained in action in Vietnam on 25 August 1970.
10.  During the processing of this case, a member for the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any Purple Heart orders on file for the applicant.

11.  A review of the Vietnam Casualty Reference Name Listing shows that the applicant was wounded as a result of hostile action on 25 August 1970 while he was in the Army.

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

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

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 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 29 July 1969 to 20 July 1970 in Department of the Army General Order (DAGO) Number 55, dated 1971, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 26 July 1969 to 20 July 1970 in DAGO Number 59, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to have his DD Form 214 amended to show the award of the Purple Heart and the available evidence supports his contention.

2.  His records show that his family was notified that he was wounded in action while he was in Vietnam on 25 August 1970.  Although there are no orders in ADCARS awarding him the Purple Heart, the Vietnam Casualty Reference Name Listing shows that the applicant was wounded in action on 25 August 1970.  Therefore, the applicant is entitled to the award of the Purple Heart and his DD Form 214 should be amended to reflect this award.
3.  The applicant's records show that on 26 August 1970, general orders were published awarding him the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile force while in the Republic of Vietnam on 25 August 1970.  His records also show that on 27 August 1970, general orders were published awarding him the Bronze Star Medal for meritorious service in connection with military operations against a hostile force while in the Republic of Vietnam from April 1970 to August 1970.  These awards should have been included on his DD Form 214 at the time that it was prepared and it would now be appropriate to do so.

4.  The applicant's records show that the unit to which he was assigned was cited in orders 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.  As such, the applicant is entitled to have these awards included on his DD Form 214.

5.  He also participated in three campaigns while he was in Vietnam and he is entitled to have three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

6.  In view of the foregoing, it would now be in the interest of justice to correct the applicant's records as recommended below.

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 individual concerned the Purple Heart for the fragment wound that he received to his abdomen as a result of hostile action by enemy forces on 25 August 1970 while he was Vietnam assigned to Company B, 6th Battalion, 31st Infantry Regiment, 9th Infantry Division, serving in the rank of corporal; and

	b.  by amending his DD Form 214 to add the Purple Heart, the Bronze Star Medal, the Army Commendation Medal with "V" Device, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and three 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)                                         AR20080017185



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080017185



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1