IN THE CASE OF:	  

		BOARD DATE:	        7 MAY 2009

		DOCKET NUMBER:  AR20080019327 


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, in effect, award of the Purple Heart.

2.  The applicant states that the record from the National Archives indicates he was wounded on 18 February 1971.  He states he was hit in the right side by a fragment of a rocket that exploded during an extraction of the "BRAVO BLUES" light infantry.  He was the crew chief of a UH-1 "HUEY" as part of his duties in the 1st Cavalry Division, 1st Squadron, 9th Cavalry, Troop B and was in a fire-fight when he was hit.  He states he was treated in the dispensary and he returned to the field a few days later.  His unit was involved in heavy reconnaissance daily.  He alleges that even though he was seriously wounded he did not receive a Purple Heart.  He also states that there were many wounded that day and the officers were responsible for filling out the reports, but they did not have the time because they were "pulling from the front" 7 days a week.  

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); his DA Form 664 (Serviceman's Statement Concerning Application for Compensation from the Veterans Administration), dated 3 December 1971; and his DA Form 20 (Enlisted Qualification Record) in support of his 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 applicant enlisted in the Regular Army on 18 February 1969 for a period of three years.  At the completion of basic combat training and advanced individual training, he was awarded military occupational specialty 67Y (helicopter repairman).  His highest grade attained was sergeant, E-5.  

3.  He was assigned to Vietnam on 6 September 1969 with Headquarters and Headquarters Company, 15th Transportation Battalion, 1st Cavalry Division (Airmobile).  He was reassigned to the 545th Transportation Detachment, 1st Cavalry Division (Airmobile) on 24 September 1969.  

4.  Item 40 (Wounds) on his DA Form 20 shows he received a minor fragment wound to  the right side of his body on 18 February 1971.

5.  His name is not listed on the Vietnam Casualty Roster.  

6.  The applicant departed Vietnam on 14 April 1971.  He received credit for participation in the Vietnam Summer-Fall 1969 Campaign, the Vietnam 
Winter-Spring 1970 Campaign, the Sanctuary Counteroffensive Campaign, and the Vietnam Counteroffensive Phase VII Campaign.  

7.  The applicant was released from active duty on 23 December 1971.  His DD Form 214 shows the National Defense Service Medal, three Overseas Service Bars, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Aircraft Crewman Badge, and the Expert Marksmanship Qualification Badge with Rifle Bar.

8.  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 applicant's assignment to the 545th Transportation Detachment, this unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 42, dated 1972.


9.  Department of the Army Pamphlet 672-3 shows that, at the time of applicant's assignment to the 545th Transportation Detachment, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 11, dated 1973.

10.  Department of the Army Pamphlet 672-3 also shows that, at the time of applicant's assignment to the 545th Transportation Detachment, this unit was cited for award of the Valorous Unit Award by Department of the Army General Orders Number 32, dated 1973.

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, and the medical treatment must have been made a matter of official record.  

12.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

13.  Army Regulation 600-200, 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 of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions regarding the wound he sustained in action were carefully considered.  There is sufficient evidence on which to grant award of the Purple Heart in this case.  

2.  Although the applicant's name is not listed on the Vietnam Casualty Roster, the entry item 40 of his DA Form 20 shows he sustained a minor fragment wound to the right side of his body on 18 February 1971.  This entry verifies that the applicant was wounded in action requiring medical treatment through hostile or enemy action.  Therefore, this evidence is sufficient as a basis for award of the Purple Heart and correction of his DD Form 214 to show this decoration.  

3.  The applicant was assigned to a unit during a period it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Valorous Unit Award.  Therefore, these awards should be added to his DD Form 214.

4.  The applicant’s DD Form 214 currently reflects the Vietnam Service Medal.  However, he received credit for participation in four campaigns during the Vietnam War.  Therefore, it would be appropriate to amend his DD Form 214 to show four bronze service stars on his Vietnam Service Medal.

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 him the Purple Heart for wounds received on 18 February 1971; and

	b.  adding the Purple Heart, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Valorous Unit Award, and four bronze service stars for wear on his already-awarded Vietnam Service Medal to his DD Form 214.




      _______ _   _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)                                         AR20080019327





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ABCMR Record of Proceedings (cont)                                         AR20080019327



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