IN THE CASE OF:	

		BOARD DATE:	  28 April 2009

		DOCKET NUMBER:  AR20080019675 


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 his DD Form 214 (Report of Separation from Active Duty) with a separation date of 27 August 1976 does not show he was awarded the Purple Heart for wounds he received in action while stationed in the Republic of Vietnam.  He states he was flown by helicopter to the 3rd Field Hospital where he was treated for his wounds.   

3.  The applicant provides copies of his DD Form 214 and an undated newspaper article which states he received 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's military personnel record shows he was inducted into the Army of the United States on 14 March 1968 for a period of 2 years.  He successfully completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He reenlisted on 27 October 1969 and again on 19 August 1970.

3.  Records show the applicant was assigned to B Company, 2nd Battalion, 47th Infantry Regiment, 9th Infantry Division in the Republic of Vietnam from 7 March 1969 to 27 October 1969 where he served as a Light Weapons Infantryman. 

4.  On 27 August 1976, the applicant was honorably released from active duty and transferred to the Georgia Army National Guard (GAARNG).  The DD Form 214 issued to the applicant shows he completed a total of 8 years, 5 months, and 4 days of active federal service during his tenure of continuous active duty service. 

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 for the period ending 27 August 1976 shows the Army Commendation Medal, National Defense Service Medal, Good Conduct Medal, Combat Infantryman Badge, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation,        3 Overseas Service Bars, and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).  The Purple Heart is not shown on any of the applicant's DD Forms 214.

6.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show an entry for wounds received in hostile action.   

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

8.  The applicant's name is recorded on the Vietnam Casualty Roster which shows that the applicant was reported through military medical accounting systems as "hostile, wounded in action" on 8 April 1969.


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

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.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, for award of the Purple Heart.  The 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.

13.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  Appendix B of this regulation shows the campaigns for Vietnam.  During the applicant’s tour in Vietnam he participated in two campaigns:  Tet 69, Counteroffensive, 1969 (23 February 1969 – 8 June 1969) and Vietnam Summer-Fall 1969 (9 June 1969 – 31 October 1969).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

14.  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 show the unit to which the applicant was assigned was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 – 28 June 1969, by Department of the Army General Orders (DAGO) 59, dated 1969.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he was awarded the Purple Heart for injuries he sustained in combat operations under hostile fire and that he received medical treatment for his wounds in the Republic of Vietnam.

2.  The evidence of record shows the applicant was wounded in action by hostile forces on 8 April 1969 and that he received medical treatment for his wounds.  Therefore, based on the available evidence he is entitled to award of the Purple Heart and correction of his records to show this award.   

3.  Record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of two bronze service stars to be affixed to the previously awarded Vietnam Service Medal

4.  Records also show the applicant's unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his tenure of assignment.  Therefore, he is entitled to correction of his records to show this unit award.

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 from Item 24 of the applicant’s DD Form 214 for the period ending 27 August 1976 the Vietnam Service Medal;
   
   b.  awarding the applicant the Purple Heart for wounds received in action on
8 April 1969; and
	c.  adding to item 24 of the applicant's DD Form 214 for the period ending
27 August 1976 the Purple Heart, Vietnam Service Medal with two bronze service stars, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.



      __________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)                                         AR20080019675



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ABCMR Record of Proceedings (cont)                                         AR20080019675



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