IN THE CASE OF:	  

		BOARD DATE:	       19 March 2009

		DOCKET NUMBER:  AR20080018498 


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 the Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states that he received the Purple Heart but it is not shown on his DD Form 214. 

3.  The applicant provides a copy of his DD Form 214 and the Certificate for the Purple Heart. 

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 was inducted into the Army and entered active duty on            11 March 1970.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman) during which time he qualified as a sharpshooter with the M-16 Rifle and M-79 Grenade Launcher.  He also qualified as an expert with the M-60 Machinegun and the .45 Caliber Pistol. 

3.  The applicant arrived in Vietnam on 24 August 1970 and he was assigned to Company B, 2nd Battalion, 14 Infantry, 25th Infantry Division.  On 20 November 1970, he was assigned to C Company, 1st Battalion, 46th Infantry Regiment until he was medically evacuated from Vietnam on 22 April 1971. 

4.  The applicant’s DA Form 20 (Enlisted Qualification Record), Item 40 (Wounds), shows he was wounded on 28 March 1971 by enemy action when he sustained multiple fragment wounds to his legs.  A Standard Form 502 (Clinical Record-Narrative Summary), dated 15 October 1971, shows he received multiple fragment wounds to his left and right lower extremities as a result of an enemy grenade.  His name appears on the Vietnam Casualty List.

5.  Headquarters, 23d Infantry Division awarded the applicant the following awards:  General Orders Number 00327, dated 10 January 1971, awarded the applicant the Army Commendation Medal for meritorious achievement; General Orders Number 2602, dated 5 March 1971, awarded the applicant the Army Commendation Medal with "V" Device for heroism; and General Orders Number 3849, dated 3 April 1971, awarded the applicant the Bronze Star Medal for meritorious service.

6.  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, only reveal orders for his Army Commendation Medal with "V" Device and Bronze Star Medal.  

7.  The applicant was released from active duty on 15 October 1971.  His DD Form 214 lists his authorized awards as the National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), Vietnam Service Medal, Combat Infantryman Badge, Army Commendation Medal, and the [Republic of] Vietnam Campaign Medal with 1960 Device.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for the wear of a bronze service star on the appropriate service medal, to include the Vietnam Service Medal, for each campaign credit awarded.  Qualifying campaign periods for service stars include the Vietnamese Counteroffensive Phase VII campaign from 1 July 1970 to 30 June 1971. 
9.  This regulation also provides, in pertinent part, that the first Oak Leaf Cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal.

10.  Army Pamphlet 672-3 (Unit Citation and Campaign Credit Register –Vietnam) shows that, during the applicant's tour of duty, the 1st Battalion, 46th Infantry Regiment was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March through 9 October 1971 on Department of the Army General Order Number 6, dated 1974. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he was awarded the Purple Heart, but it is not listed on his DD Form 214.  

2.  The records clearly show he was wounded as a result of enemy action.  The Purple Heart should be shown on his DD Form 214.   

3.  The applicant was also awarded the Bronze Star Medal and the Army Commendation Medal with "V" Device and Oak Leaf Cluster which are not on his DD Form 214.

4.  He is authorized a bronze service star for wear on the already-awarded Vietnam Service Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation that are not shown on his DD Form 214.

5.  The applicant was awarded the Expert Marksmanship Qualification Badge with Pistol and Machine Gun Bars and the Sharpshooter Marksmanship Qualification Badge with Grenade Bar that are not shown on his DD Form 214.

6.  The above cited awards should be added to the applicant's DD Form 214.

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 all of the awards presently shown in block 24 of his DD Form 214; and 

   b.  adding the Bronze Star Medal, Purple Heart, Army Commendation Medal with "V" Device and Oak Leaf Cluster, National Defense Service Medal, Vietnam Service Medal with one bronze service star, Republic of Vietnam Campaign Medal with 1960 Device, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Pistol Bar and Machine Gun Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and Grenade Bar to his DD Form 214.
   
   
   
   
      _______ _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)                                         AR20080018498



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080018498



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1