IN THE CASE OF:	  

		BOARD DATE:	        24 MARCH 2009

		DOCKET NUMBER:  AR20080018987 


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, the wife of a former service member (FSM), essentially requests that the FSM's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the award of the Purple Heart and any other awards and decorations that he is entitled to that are not shown. 

2.  The applicant essentially states that the Purple Heart was never added to the FSM's DD Form 214, and that there is no record of his wound.  She also states that the FSM received a shrapnel wound in the right leg above the knee during a mortar attack in June 1967.   

3.  The applicant provides an additional DD Form 149 (Application for Correction of Military Record Under the Provisions of Title 10, U.S. Code Section 1552), dated 13 August 2008; the FSM's DD Form 214; two self-authored letters, dated 13 August 2008 and 27 October 2008; and a power of attorney, dated 
24 October 2008, from the FSM appointing the applicant as his lawful agent to conduct business on his behalf in support of this application. 

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 FSM's military records show that he was inducted into the Army of the United States on 18 August 1966.  On 25 August 1966, he enlisted in the Regular Army.  He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 68J (Aircraft Instrument Repairman), and was later awarded MOS 70A (Clerk), which was subsequently redesignated as MOS 71B (Clerk Typist).  He departed for the Republic of Vietnam on 7 April 1967, and initially served as a Warehouse Specialist with the 574th Supply and Service Company.  On 14 November 1967, he was reassigned to the 229th Supply and Service Company, where he served as a Bath Processor.  On 5 December 1967, he was reassigned to the 259th Quartermaster Company, where he served as a Laundry Worker.  He returned to the continental United States on or about 10 April 1968, and was reassigned to the 28th General Hospital at Fort Meade, Maryland, where he served as a Light Truck Driver and a Clerk Typist.  He was honorably released from active duty on 22 August 1969.  The DD Form 214 that was issued to him at the time of his release from active duty shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Marksman Marksmanship Qualification Badge with M-16 Rifle Bar, and the Expert Marksmanship Qualification Badge with M-14 Rifle Bar.  He also served in the United States Army Reserve from 23 August 1969 to 17 August 1972, and again from 20 February 1973 to 19 February 1974.

3.  Item 40 (Wounds) of the FSM’s DA Form 20 (Enlisted Qualification Record) does not contain any entries that indicate he was wounded or injured as a result of hostile action.  Item 41 (Awards and Decorations) of this same document also does not show that he was awarded the Purple Heart.  There are no orders in his military records awarding him the Purple Heart, and a search of the United States Army Human Resources Command Awards and Decorations Computer-Assisted Retrieval System, a web-based index containing roughly 611,000 general orders issued between 1965 and 1973 for the Vietnam era, also failed to produce any orders awarding him the Purple Heart.  Additionally, the FSM’s name is not listed on the Vietnam Casualty Roster.  Further, there is no evidence in his military records which shows that he was wounded or injured as a result of hostile action.


4.  The applicant provided a self-authored letter, dated 13 August 2008, in which she essentially stated that the FSM was wounded in the right leg above the knee, but that he was not evacuated, and received 2 to 3 weeks of recuperation in a bunker.  She also stated that during this time, the FSM was presented the Purple Heart by an officer visiting the bunker.  Additionally, she provided the names of two Soldiers she essentially claims can corroborate that the FSM was awarded the Purple Heart.

5.  During a review of the FSM’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his DD Form 214.

6.  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 FSM’s assignment to the
229th Supply and Service Company, the unit was cited for award of the Meritorious Unit Commendation by Department of the Army General Orders Number 39, dated 1970; and the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 8, dated 1974.

7.  The FSM’s DD Form 214 shows that he was awarded the Vietnam Service Medal, but it does not show that he was awarded any bronze service stars to signify campaign participation credit.  Paragraph 2-13 of Army Regulation 
600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 contains a list of Vietnam campaigns, and it shows that during the FSM's tour in Vietnam, he participated in the Vietnam Counteroffensive Phase II campaign, the Vietnam Counteroffensive Phase III campaign, the Tet Counteroffensive campaign, and the Vietnam Counteroffensive Phase IV campaign.

8.  Army Regulation 600-8-22 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 been treated by military medical personnel, and the medical treatment must have been made a matter of official records.  Each approved award of the Purple Heart must exhibit all of the following factors: wound, injury or death must have been the result of an enemy or hostile act; international terrorist attack; or friendly fire; the wound or injury must have required treatment by military medical personnel; and the record of medical treatment must have been made a matter of official Army records.


DISCUSSION AND CONCLUSIONS:

1.  The applicant, the wife of a FSM, contends that the FSM's DD Form 214 should be corrected to show the award of the Purple Heart and any other awards and decorations that he is entitled to that are not shown. 

2.  The sincerity of the applicant's claim that the FSM was awarded the Purple Heart was noted, as was the fact that she claimed two former Soldiers can corroborate that he was awarded the Purple Heart.  However, in order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

3.  The applicant's claim that the FSM was awarded the Purple Heart is not corroborated by any evidence in his military records.  Additionally, even if the applicant had provided third-party statements from the two former Soldiers she claims can corroborate that the FSM was awarded the Purple Heart, those statements, more than 40 years after the FSM's alleged wounding, would not reach the threshold of proving, by a preponderance of the evidence, that he was wounded or injured as a result of hostile action.  Regrettably, absent evidence which conclusively shows that the FSM was wounded or injured as a result of hostile action, that he was treated by medical personnel for wounds or injuries sustained as a result of hostile action, and that this medical treatment was made a matter of official record, there is an insufficient basis for correcting the FSM's military records to show that he was awarded the Purple Heart.

4.  General orders awarded the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the 229th Supply and Service Company while the FSM was assigned to this unit.  Therefore, he is entitled to award of the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and correction of his military records to show these unit awards.

5.  The FSM participated in four campaigns during his tour in Vietnam; therefore, he is entitled to correction of his military records to show four bronze service stars to be affixed to his Vietnam Service Medal.






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 adding the following awards to his DD Form 214 issued on 22 August 1969:  the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

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 correcting his military records to show award of the Purple Heart.

3.  While the Board regrets that a more favorable response could not be accomplished, it wants the applicant to know the FSM's service during the 
Vietnam War is deeply appreciated.  The applicant, the FSM, and all Americans should be 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)                                         AR20080018987



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ABCMR Record of Proceedings (cont)                                         AR20080018987



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