IN THE CASE OF:	  

		BOARD DATE:	        05 FEBRUARY 2009

		DOCKET NUMBER:  AR20080018140 


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 report of separation (DD Form 214) be corrected to reflect his award of the Purple Heart.

2.  The applicant states that he was wounded on 10 April 1968 and was awarded the Purple Heart in the hospital at Chu Chi.  He further states that his unit was the 2nd Battalion, 14th Infantry Regiment, 25th Infantry Division and he was awarded the Combat Infantryman Badge (CIB) 2 weeks later.  However, when he out-processed at Oakland Army Base, California, his award of the Purple Heart was not included on his DD Form 214.

3.  The applicant provides a copy of a Department of Veterans Affairs (VA) Rating Decision indicating that he was rated for a shell fragment wound to the left buttocks (20 percent).

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, though somewhat incomplete, show that he was inducted on 28 July 1967.  He completed his training as a military policeman and was transferred to Vietnam in March 1968. 

3.  The Vietnam Casualty Listing shows that the applicant was wounded on 10 April 1968.

4.  The applicant was transferred to Okinawa in June 1968 and attended a         6-week sentry dog handler course at Fort Buckner.  He remained assigned to the 267th Chemical Company until he was transferred to Oakland Army Depot, California and was honorably released from active duty (REFRAD) on 24 July 1969, as an overseas returnee.

5.  The DD Form 214 contained in the applicant's records is a poor photo-copy and reflects that he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal.  It also appears that awards of the Good Conduct Medal and the CIB were subsequently added to that form.

6.  A review of the available records fails to show orders awarding him the Purple Heart or the CIB.  Additionally, a 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 or CIB.

7.  The applicant enlisted in the Regular Army on 15 September 1971 and served as a military policeman until he was discharged under honorable conditions on 14 March 1973, due to failure to demonstrate adequate potential for promotion.  His DD Form 214 issued at the time of his discharge shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal.

8.  On 12 March 1975, he again enlisted in the Regular Army for a period of 3 years and training as a light weapons infantryman.  He was promoted to the pay grade of E-5 on 3 July 1978 and on 14 December 1978, he was honorably 

discharged for the purpose of immediate reenlistment.  His DD Form 214 issued at the time of his discharge shows that he was awarded the Vietnam Service Medal, the CIB, the Republic of Vietnam Campaign Medal with Device (1960), the Good Conduct Medal (2nd award), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

9.  The applicant reenlisted on 15 December 1978 and he remained on active duty through a series of continuous reenlistments.  He was promoted to the pay grade of E-6 on 1 June 1980 and on 13 August 1985, he was honorably released from active duty and was placed on the Retired List due to permanent physical disability.  His injury was the result of a training accident that resulted in an amputation to his left hand due to a gunshot wound.  He had served 12 years, 4 months, and 29 days of total active service and his DD Form 214 issued at the time of his retirement reflects that he was awarded the National Defense Service Medal, the Republic of Vietnam Campaign Medal, the Army Service Ribbon, the Overseas Service Ribbon with Numeral 2, the CIB, the Vietnam Service Medal with 2 bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Good Conduct Medal (4th award).

10.  The report of medical examination conducted on 15 September 1971 reflects an entry of "Projectile wound L buttocks."

11.  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.

DISCUSSION AND CONCLUSIONS:

1.  Although there are no orders in his records to reflect his award of the Purple Heart, the applicant was reported as a casualty on 10 April 1968 as reflected on the Vietnam Casualty Listing.  Accordingly, it is reasonable to presume that he was in fact awarded the Purple Heart and it would be in the interest of justice to add that award to his records at this time. 

2.  Inasmuch as there are inconsistencies in his DD Forms 214 throughout his service, it would be appropriate to correct his last DD Form 214, dated 13 August 1985, to reflect his award of the Purple Heart.




BOARD VOTE:

___X_____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Purple Heart for wounds received as a result of hostile action on 10 April 1968 and adding this award to his DD Form 214, dated 13 August 1985.

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      ________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)                                         AR20080018140



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ABCMR Record of Proceedings (cont)                                         AR20080018140



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