IN THE CASE OF:	  

		BOARD DATE:	  18 June 2009

		DOCKET NUMBER:  AR20080019252 


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 correction of his military service records to show award of the Purple Heart. 

2.  The applicant states, in effect, that the Purple Heart was left off his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) when he was discharged.  

3.  The applicant provides a copy of his DD Form 214 with a separation date of 28 October 1971 and a statement from a veteran who served with the applicant in the Republic of Vietnam.

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 military personnel record shows he enlisted in the Regular Army on 18 March 1968 for a 3-year period of service.  He successfully completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  He was assigned to the 64th Infantry Platoon, 4th Infantry Division in the Republic of Vietnam from 11 June 1969 to on or about 23 October 1970.   

3.  On 28 October 1971, the applicant was honorably separated and transferred to the U.S Army Reserve Control Group (Reinforcement) upon his expiration of term of service.  He was issued a DD Form 214 that shows he had completed 
3 years of net active duty service with 225 days of lost time under the provisions of Title 10, U.S. Code section 972.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 for the service period ending 28 October 1971 does not show award of the Purple Heart.  The applicant was awarded the Army Commendation Medal, the National Defense Service Medal, the Air Medal, the Vietnam Service Medal with 4 bronze service stars, the Vietnam Campaign Medal with 1960 Device, and the Combat Infantryman Badge.

5.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) shows an entry for wounds received in hostile action on 17 July 1970.  The entry shows the applicant's head (left side) was injured by fragments from an unknown source.

6.  There are no orders in the applicant's military personnel service record awarding him the Purple Heart.

7.  The applicant's name is not recorded on the Vietnam Casualty Roster.

8.  The applicant's service medical records were not available for review.

9.  On behalf of his application, a veteran who served with him in the 64th Infantry Platoon submitted a personal witness statement that says, in effect, the applicant received a head wound on or about 15 July 1970 during contact with enemy forces.  The veteran states, in effect, that the applicant was extracted by helicopter and airlifted to a U.S. Marine Corps forward operating base for medical treatment.  After initial treatment, the applicant was returned to his unit's home base where he continued to recover.  


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

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.  A wound is defined as an injury to any part of the body from an outside force or agent sustained as a result of hostile action.

12.  Army Regulation 600-200 (Enlisted Personnel Management), chapter 9 of the version in effect at the time, stated, in pertinent part, that a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 (wounds) of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.

13.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provides, in pertinent part, for award of the Purple Heart.  This regulation stated that authority to award the Purple Heart was delegated to hospital commanders.  Further, it directed that all personnel treated and released within 24 hours will be awarded the Purple Heart by the organization to which the individual is assigned. Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam will be awarded the Purple Heart directly by the hospital commander rendering treatment.

14.  Appendix B of Army Regulation 600-8-22 shows the campaigns for Vietnam.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  During the applicant’s tour in Vietnam he participated in 5 campaigns:  the Tet 69 Counteroffensive (23 February to 8 June 1969); the Summer-Fall 1969 (9 June to 31 October 1969); the Winter-Spring 1970 (1 November 1969 to 30 April 1970); the Sanctuary Counteroffensive (1 May to 30 June 1970); and the Counteroffensive, Phase VII (1 July 1970 to 31 June 1971).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  Army Regulation 600-8-22 also provides, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This document shows that the unit to which the applicant was assigned was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 15 March 1967 to 28 July 1969 by Department of the Army General Order Number (DAGO) 3, dated 1970.  The unit was also awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO 53, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the Purple Heart was left off his DD Form 214. 

2.  The applicant's DA Form 20 shows the applicant was wounded in action by hostile forces on 17 July 1970.  The entry on his DA Form 20, combined with the support statement provided by the applicant, is accepted as sufficient to show the applicant was awarded the Purple Heart and therefore it should be added to his DD Form 214.

3.  The available evidence shows the applicant was awarded the Vietnam Service Medal with 4 bronze service stars.  However, the applicant participated in five campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of one silver service star to be affixed to the previously-awarded Vietnam Service Medal.   

4.  The applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his assignment to the 64th Infantry Platoon in the Republic of Vietnam.  Therefore, he is entitled to correction of his records to show these two unit awards. 

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 
correcting the applicant's DD Form 214 with a separation date of 28 October 1971 to add the following awards:

	a.  the Purple Heart for wounds received in action on 17 July 1970;

	b.  the Republic of Vietnam Gallantry Cross with Palm Unit Citation;

	c.  the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and

	d.  deleting 4 bronze service stars and adding one silver service star to be affixed to his previously-awarded Vietnam Service Medal. 




      _______ _ 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)                                         AR20080019252



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ABCMR Record of Proceedings (cont)                                         AR20080019252



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