IN THE CASE OF:	  

		BOARD DATE:	        10 February 2009

		DOCKET NUMBER:  AR20080018391 


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 award of the Purple Heart.

2.  The applicant states, in effect, that he was awarded the Purple Heart for a shrapnel wound he received in the Republic of Vietnam.  He was recommended by his company commander for award of the Purple Heart but never received the certificate, medal, or added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He states that he should have received the Purple Heart for a combat injury or shrapnel that he sustained while stationed at Fire Support Base Baldy in the flatlands.  He further adds that he would like a review of his file and that a certificate and a medal be issued to him for this combat injury of shrapnel to his left calf.

3.  The applicant provides a hand-written statement by his former unit medic, dated 16 November 1998, in support of his request.

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 show he enlisted in the Regular Army for a period of 3 years on 22 June 1967.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  After being retained in service for 3 days for the convenience of the government, he was honorably released from active duty on 24 June 1970 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  The highest rank/grade he attained during this period of military service was specialist four (SP4)/E-4.

3.  The applicant's records show that he served in the Republic of Vietnam from 23 November 1967 to 22 November 1968.  He was assigned to Company C, 3rd Battalion, 21st Infantry, 196th Infantry Brigade, Americal Division.

4.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214, dated 24 June 1970, shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Combat Infantryman Badge, the Army Commendation Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Marksman Marksmanship Qualification Badge with Pistol (.45 Caliber) and Rifle (M-16) Bar, and the Sharpshooter Marksmanship Qualification Badge with Pistol (M-14) and Machinegun (M-60) Bar.  Item 24 does not show award of the Purple Heart.

5.  The applicant’s DA Form 20 (Enlisted Qualification Record) for his initial period of service is not available for review with this case.

6.  The applicant's name is shown on the Vietnam Casualty Roster under Casualty Status Code 23, indicating hostile action/wounded in action, not serious hospitalized.  The Vietnam Casualty Roster also lists the date of injury as 2 May 1968.

7.  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 pertaining to the applicant.  

8.  The applicant submitted a copy of a hand-written statement by his former unit medic, dated 16 November 1998 and notarized on 19 March 1999.  The author states that he witnessed the applicant on his track that was hit by a land-mine and that he (the applicant) received shrapnel wounds to his left leg and an injury to his back.  He also states that he was the unit medic at the time.  

9.  After a break in service, the applicant enlisted in the Regular Army on 9 December 1980, held MOS 75B (Personnel Administration Specialist) and MOS 11B, and executed a reenlistment in the Regular Army.  He also completed an overseas tour in Korea from 5 May 1981 to 17 June 1982 and a tour in Germany from 5 August 1984 to 4 June 1986.  He was discharged in the rank of sergeant (SGT)/E-5 on 6 June 1986.

10.  Item 26 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214, dated 6 June 1986, shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Army Service Ribbon, the Overseas Service Ribbon, the Army Achievement Medal, the Good Conduct Medal (2nd Award), the Republic of Vietnam Campaign Medal with Device (1960), the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and the Expert Marksmanship Qualification Badge with Grenade Bar.  Item 26 does not show award of the Purple Heart.

11.  Army Regulation 600-8-22 (Military Awards) 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.

12.  Review of the applicant's records indicates his entitlement to additional awards that are not shown on his DD Form 214.

13.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive, Phase III (1 June 1967 – 
29 January 1968); TET Counteroffensive (30 January 1968 – 1 April 1968); Vietnam Counteroffensive, Phase IV (2 April 1968 – 30 June 1968); Vietnam Counteroffensive, Phase V (1 July 1968 – 1 November 1968); and Vietnam Counteroffensive, Phase VI (2 November 1968 – 22 February 1969) campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign and that one silver service star is worn instead of five bronze service stars.
14.  Army Regulation 600-8-22 states that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The area of eligibility and period of eligibility are as follows: the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, all air spaces above the land, and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days.  

15.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.  Each entry will be verified by the Soldier’s records.

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Paragraph 6d states that Department of the Army General Orders 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the following units:

	a.  Headquarters, United States Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973.

	b.  Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to correction of his records to show award of the Purple Heart. 

2.  The applicant’s name is shown on the Vietnam Casualty Roster under Casualty Status Code 23, indicating hostile action/wounded in action.  This injury is further confirmed by the statement submitted by the unit’s former medic.  Therefore, there is sufficient evidence to show that he is entitled to award of the Purple Heart and correction of his records to show this award.
3.  General Orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his records; therefore, he is entitled to correction of his records to show this unit award.

4.  The evidence of record shows that the applicant served in Korea from 5 May 1981 to 17 June 1982; therefore, he served a qualifying period for award of the Korea Defense Service Medal and is entitled to correction of his records to show this award.

5.  The applicant’s records show he was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in five campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of a silver service star to be affixed to his already-awarded Vietnam Service Medal.

6.  The applicant’s DD Form 214, with an ending date of 24 June 1970, lists the Combat Infantryman Badge and the Army Commendation Medal, which are not listed on his DD Form 214 with an ending date of 6 June 1986.  Therefore, it would be appropriate to transfer these awards to his DD Form 214 with an ending date of 6 June 1986.

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 applicant the Purple Heart for wounds received in action on 2 May 1968; 

	b.  deleting from item 13 of his DD Form 214 dated 6 June 1986 the entry “Vietnam Service Medal”; and

	c.  adding to item 13 of his DD Form 214 dated 6 June 1986 the Purple Heart, the Army Commendation Medal, the Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Korea Defense Service Medal, and the Vietnam Service Medal with silver service star.


															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)                                         AR20080018391



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ABCMR Record of Proceedings (cont)                                         AR20080018391



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