IN THE CASE OF:	  

		BOARD DATE:	  	   22 January 2009

		DOCKET NUMBER:  AR20080017339 


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, correction of his discharge document to show award of the Purple Heart.

2.  The applicant states, in effect, he shed blood for his country and was awarded the Purple Heart.  He adds that he fought for the freedom of the American people and it is disappointing his records do not show he was awarded the Purple Heart. 

3.  The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of
8 August 1968; Veterans Administration (VA), Waco, Texas, letter, dated 20 April 1971, subject:  Veterans Benefits Award; and VA Form 21-6782 (Original Disability Compensation), undated.

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 military personnel records show he was inducted into the Army of the United States (AUS) for a period of 24 months on 9 August 1966.  Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  The applicant's military personnel records contain a DA Form 20 (Enlisted Qualification Record).

     a.  Item 31 (Foreign Service) shows he served overseas in the U.S. Army Pacific (USARPAC) in the Republic of Vietnam (RVN) from 7 January 1967 through 9 June 1967.

     b.  Item 38 (Record of Assignments), in pertinent part, shows he was assigned to Company C, 3rd Battalion, 8th Infantry, 4th Infantry Division (USARPAC, RVN) from 27 January 1967 through 8 June 1967.  This item also shows that on 9 June 1967 he was assigned in a patient status to the Medical Hold Detachment, 106th General Hospital (USARPAC, Japan). 

     c.  Item 39 (Campaigns) is absent an entry.

     d.  Item 40 (Wounds) shows he sustained fragment wounds to his right shoulder on 27 May 1967.

     e.  Item 41 (Awards and Decorations) shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Marksman Marksmanship Qualification Badge with (M-14) Rifle Bar, and 1 Overseas Service Bar.

4.  The applicant's military personnel records contain a copy of Headquarters, 106th General Hospital (Japan), General Orders Number 48, dated 7 June 1967.  These orders show, in pertinent part, that the applicant was awarded the Purple Hearts for wounds received in connection with military operations against a hostile force in the RVN on 26 May 1967.

5.  A review of The Adjutant General, Casualty Division's, Vietnam Casualty Roster, shows that the applicant’s name is listed as having been wounded in action on 26 May 1967.

6.  The applicant's military personnel records contain a DD Form 214 that shows he was inducted into the AUS on 9 August 1966.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, and Marksman Marksmanship Qualification Badge with Rifle, Automatic Rifle, and Machinegun Bars.  The DD Form 214 also shows the applicant was honorably released from active duty on 8 August 1968 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining military service obligation.  At the time, he had completed 2 years net active service this period and 5 months and 3 days of foreign service.

7.  In support of his application, the applicant provides a copy of a VA, Waco, Texas, letter, dated 20 April 1971, subject:  Veterans Benefits Award and VA Form 21-6782 that show, in pertinent part, the applicant was awarded a combined evaluation of 30 percent for a service-connected gunshot wound (scar) of his right shoulder.

8.  A review of the applicant's military personnel records reveals that he may be authorized additional awards that are not shown on his DD Form 214.

9.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists campaigns for Vietnam.  This document shows that the applicant participated in the Vietnam Counteroffensive Phase II and Vietnam Counteroffensive Phase III campaigns.

10.  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 at the time of the applicant's assignment to Company C, 3rd Battalion, 8th Infantry, 4th Infantry Division (USARPAC, RVN), the battalion was cited for award of the Presidential Unit Citation by Headquarters, Department of the Army, General Orders Number 69 (1969).

11.  Department of the Army Pamphlet 672-3 also shows that at the time of the applicant's assignment to Company C, 3rd Battalion, 8th Infantry, 4th Infantry Division (USARPAC, RVN), the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 3 (1970).  This document further shows that at the time of his assignment, the unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters, Department of the Army, General Orders Number 53 (1970).


12.  Army Regulation 600-8-22 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 by medical personnel, and the medical treatment must have been made a matter of official record.

13.  Army Regulation 600-8-22 provides, in pertinent part, for award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.

14.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in pertinent part, states that unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached by competent orders to and present for duty with the unit during the entire period or at least 30 consecutive days of the period cited.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his discharge document should be corrected to show award of the Purple Heart.

2.  Item 40 of the applicant's DA Form 20 shows he was wounded in connection with military operations in the RVN on 27 May 1967 (emphasis added).  However, The Adjutant General, Casualty Division's, Vietnam Casualty Roster and General Orders that awarded the applicant the Purple Heart for wounds received in connection with military operations against a hostile force in the RVN show he was wounded in action on 26 May 1967 (emphasis added).  Based on the available evidence, it is concluded that the preponderance of evidence indicates that the applicant was wounded in action in the RVN on 26 May 1967.  Therefore, in view of the foregoing, it would be appropriate to correct the applicant’s records to show award of the Purple Heart.

3.  Records show the applicant qualified for award of the Vietnam Service Medal and he participated in 2 campaigns during his service in the RVN.  Therefore, it would be appropriate to correct his records to show award of 2 bronze service stars to be affixed to his Vietnam Service Medal.

4.  Records show that General Orders awarded the applicant's unit the Presidential Unit Citation.  Therefore, it would be appropriate to correct his records to show this unit award.
5.  Records show that General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

6.  Records show that General Orders awarded the applicant's unit the Republic of Vietnam Civil Action Honor Medal First Class Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

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 from Item 24 of his DD Form 214 the Vietnam Service Medal; and 

     b.  adding to Item 24 of his DD Form 214 the Purple Heart, Vietnam Service Medal with 2 bronze service stars, Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.




      _______ _   _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)                                         AR20080017339



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ABCMR Record of Proceedings (cont)                                         AR20080017339



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