IN THE CASE OF:	  

		BOARD DATE:	  28 May 2009

		DOCKET NUMBER:  AR20080019676 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with a separation date of 23 June 1967 does not show award of the Purple Heart that he was awarded for wounds he received in action when stationed in the Republic of Vietnam.

3.  The applicant provides copies of his DD Forms 214 with separation dates of 25 June 1964 and 23 June 1967; an honorable discharge certificate, dated 31 May 1968; an official statement, dated 20 April 1971; a Purple Heart certificate, dated 5 April 1971; and documents from the Military Order of the Purple Heart, dated 13 September 2008.

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 26 June 1962 for a 2-year period.  He successfully completed basic combat and advanced individual training and was awarded military occupational specialty 111.00(Light Weapons Infantryman).

3.  On 25 June 1964, the applicant was honorably discharged upon his expiration of his term of service.  He was issued a DD Form 214 on this date which shows he had completed 2 years of net active duty service.  On 26 June 1964, the applicant enlisted in the Regular Army for a 3-year period.

4.  Records show the applicant was assigned to B Company, 1st Battalion, 503rd Infantry, in the Republic of Vietnam from 10 July 1965 to 28 October 1965 when he was transferred to the U.S. Army Hospital in Okinawa, Japan.

5.  On 23 June 1967, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  The DD Form 214 issued to the applicant shows he had completed a total of 4 years, 11 months, and 29 days of active Federal service.

6.  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 23 June 1967 does not show award of the Purple Heart.  Item 24 does show award of the Vietnam Service Medal.

7.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) shows an entry for wounds received in hostile action on 12 October 1965.  The entry shows that the applicant's right leg was injured by shrapnel and that his right ear was damaged due to a concussion from enemy artillery.

8.  A Report of Morning Report Search, dated 27 March 1971, shows that the applicant's status was changed from duty to wounded in action on 13 October 1965 for wounds received on 12 October 1965.  This report shows that the applicant was treated by medical personnel and that his injuries were found to be in the line of duty.  On 24 October 1965, the applicant's duty status changed from present for duty to hospital at Clark Air Force Base Hospital, Philippines, for an undisclosed illness.

9.  On 20 April 1971, the applicant's military personnel records show that an official statement was prepared under the signature of a major general which stated that official records show that the applicant is entitled to the Purple Heart for wounds received in action in the Republic of Vietnam on 12 October 1965.

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

11.  The applicant's name is not recorded on the Vietnam casualty roster.

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

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

14.  Headquarters, 173rd Airborne Brigade (Separate), Special Orders Number 205, dated 10 August 1965, awarded the applicant the Senior Parachutist Badge.

15.  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.

16.  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.

17.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam.  During the applicant’s tour in Vietnam he participated in one campaign, the Vietnam Defense Campaign from 8 March 1965 to 24 December 1965.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

18.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal with Device (1960).  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing 6 months of service due to wounds resulting from hostile action were entitled to award of the Republic of Vietnam Campaign Medal with Device (1960).

19.  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 Meritorious Unit Commendation from 5 May 1965 to 4 May 1967 by Department of the Army General Order 48, dated 1968, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 5 May 1965 to 26 September 1970 by Department of the Army General Order Number 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he was awarded the Purple Heart for injuries he sustained in combat operations under hostile fire in the Republic of Vietnam on 12 October 1965.  He contends that his DD Form 214 with a separation date of 23 June 1967 does not properly reflect award of this Purple Heart.

2.  The evidence of record shows the applicant was wounded in action by hostile forces on 12 October 1965 and that he received medical treatment for his wounds.  Therefore, based on the available evidence he is entitled to award of the Purple Heart.

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

4.  The evidence of record and regulatory guidance shows that the applicant is entitled to the award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, he is entitled to correction of his records to show award of the Republic of Vietnam Campaign Medal with Device (1960).

5.  Records show the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Meritorious Unit Commendation during his tenure of assignment in the Republic of Vietnam.  Therefore, he is entitled to correction of his records to show these two unit awards.

6.  The evidence of record shows that the applicant was awarded the Senior Parachutist Badge through the publication of official permanent orders.  Therefore, the applicant is entitled to have his record corrected to show award of the Senior Parachutist Badge.

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 23 June 1967 to show the following:

	a.  the Purple Heart for wounds received in action on 12 October 1965,

	b.  the Republic of Vietnam Campaign Medal with Device (1960),

	c.  the Republic of Vietnam Gallantry Cross with Palm Unit Citation,

	d.  the Meritorious Unit Commendation,

	e.  the Senior Parachutist Badge, and


	f.  one bronze 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)                                         AR20080019676



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ABCMR Record of Proceedings (cont)                                         AR20080019676



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