IN THE CASE OF:	  

		BOARD DATE:	       3 February 2009

		DOCKET NUMBER:  AR20080017863 


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 his records be corrected to show that his awards include the Purple Heart, a bronze service star and a unit citation.

2.  The applicant states he is service connected for shrapnel wounds to his knees and that he was told the unit had received a bronze star and a unit citation.

3.  The applicant provides, in support of his application, a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 are incomplete.  Most of the available documents pertain to subsequent Army National Guard service.  On 17 March 1970, the applicant enlisted in the Regular Army for 2 years.  He completed training and served in Vietnam from 13 September 1970 to 20 October 1971.

3.  The applicant's DD Form 214 shows he returned to the United States and was separated on 21 October 1971 with an honorable characterization of service.  On 22 October 1971, he was transferred to the United States Army Reserve Control Group (Annual Training) in pay grade E-4.  

4.  The applicant’s DD Form 214 shows he was awarded the Air Medal, Army Commendation Medal, Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device 1960, Combat Infantryman Badge and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  General Orders Number 13925, dated 22 November 1970 show the applicant was awarded the Air Medal when he was assigned to C Company, 2nd Battalion (Airborne), 506th Infantry, 101st Airborne Division.  There is no evidence available to indicate he was assigned to any other unit while in Vietnam.

6.  There are no medical records available.  There is no evidence in the applicant’s records or in the Awards and Decorations Computer Assisted Retrieval System (ADCARS) showing that he was awarded a Purple Heart.  The Vietnam Casualty Roster does not show the applicant was wounded in action. 

7.  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.

8.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign period.  The applicant participated in the Vietnamese Counteroffensive Phase VII campaign from 1 July 1970 to 30 June 1971and the Consolidation I campaign from 1 July 1971 to 
30 November 1971. 
9.  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 6 through 19 September 1971 by Department of the Army General Orders Number 6, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his records be corrected to include the Purple Heart, a bronze service star and a unit award.

2.  Unfortunately, there is no available evidence to show the applicant was wounded in action or as a result of enemy action or that he was awarded or is entitled to the Purple Heart.

3.  Records show the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in two campaign periods while serving in the Republic of Vietnam.  Therefore, he authorized two bronze service stars to be affixed to the previously awarded Vietnam Service Medal.

4.  During the applicant's tour of duty, his Vietnam unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  This unit award should be reflected in his records.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that, in addition to the awards currently shown on his DD Form 214, his authorized awards include two bronze service stars to be worn with the Vietnam Service Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Purple Heart.

      _______ _  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)                                         AR20080017863



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ABCMR Record of Proceedings (cont)                                         AR20080017863



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