IN THE CASE OF:	  

		BOARD DATE:	       12 March 2009

		DOCKET NUMBER:  AR20090000447 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart.

2.  The applicant states that he suffered an injury to his left forearm as a result of a booby-trapped hand grenade explosion on 5 May 1968 in the Republic of Vietnam.

3.  The applicant provides a copy of his DD Form 214, dated 6 October 1968, and a self-authored statement, dated 13 November 2008, 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’s military records are not available to the Board for review.  However, the applicant provided a copy of his DD Form 214 which is sufficient for the Board to conduct a fair and impartial review of this case.

3.  The applicant's DD Form 214 shows he was inducted into the Army of the United States on 13 October 1966.  This form also shows that at the time of his separation, the applicant held military occupational specialty 12B (Combat Engineer) and was assigned to A Company, 35th Engineer Battalion.  He was honorably released from active duty in the rank/grade of specialist five/E-5 and transferred to the U.S. Army Reserve Control Group (Annual Training) on 6 October 1968.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Good Conduct Medal, the Army Commendation Medal, the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and one Overseas Service Bar.  Item 24 does not show award of the Purple Heart.

5.  The applicant's name is shown on the Vietnam casualty roster under casualty status code 24 indicating he was wounded in action.  The date of injury is listed as 5 May 1968.

6.  In his self-authored statement, dated 13 November 2008, the applicant states that he was a member of the 2nd Platoon, A Company, 35th Engineer Battalion.  On 5 May 1968, his platoon encountered a blown culvert in the platoon’s area of operations in the Republic of Vietnam.  After sweeping the surrounding area for mines, the platoon returned to the place where the damaged culvert was located. However, when a 5-ton truck arrived with a new section of the culvert, it struck an unconventional mine resulting in the death of a Soldier.  He further states a subsequent sweep for mines disturbed the soil releasing a booby-trapped hand grenade that exploded and injured his left forearm.  Although his wound was slight, a telegram was sent to his parents and he was awarded the Army Commendation Medal with "V" Device.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against and enemy or 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 military medical personnel, and the medical treatment must have been made a matter of official record.

8.  A review of the applicant’s records indicates his entitlements to additional awards which are not shown on his DD Form 214.

9.  The applicant's DD Form 214 further shows he served in the U.S. Army Pacific Command in Vietnam for a period of 8 months and 6 days.  Additionally, he was awarded the Vietnam Service Medal and the Republic of Vietnam Campaign Medal, and was separated as an overseas returnee.  This indicates that he served in the Republic of Vietnam from on or about 31 January 1968 through on or about 5 October 1968.  He was assigned to A Company, 35th Engineer Battalion.

10.  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 pamphlet shows the 35th Engineer Battalion was awarded the Valorous Unit Award from 8 February 1968 to 15 September 1968 based on Department of the Army General Orders 53, dated 1970, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 8 February 1962 to 28 March 1973 based on Department of the Army General Orders 8, dated 1974.

11.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the TET Counteroffensive (30 January 1968 to 1 April 1968), the Vietnam Counteroffensive, Phase IV (2 April 1968 to 30 June 1968), and the Vietnam Counteroffensive, Phase V (1 July 1968 to 1 November 1968) campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s service records are not available for review with this case.  However, the applicant’s name is shown on the Vietnam casualty roster as being wounded in action on 5 May 1968.  The date of this injury coincides with the date given by the applicant for his wounding.  Therefore, there is sufficient evidence to show the applicant is entitled to award of the Purple Heart and correction of his records to show this award.

2.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, his records show he participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show award of three bronze service stars to be affixed to his Vietnam Service Medal.

3.  General orders awarded the applicant’s unit the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these 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 awarding the applicant the Purple Heart for wounds received in action on 5 May 1968 in the Republic of Vietnam and adding award of the Purple Heart, the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars to 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)                                         AR20090000447



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ABCMR Record of Proceedings (cont)                                         AR20090000447



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