IN THE CASE OF:	  

		BOARD DATE:	       7 APRIL 2009

		DOCKET NUMBER:  AR20090000832 


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 he was wounded on 26 April 1967 and received the Purple Heart. 

3.  The applicant provides a copy of his Honorable Discharge Certificate, Veterans Benefit Award, and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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.  Records show the applicant was inducted into the Army of the United States on 10 May 1966.  The applicant served in the Republic of Vietnam from 
12 January 1967 to 23 May 1967 and was assigned to Company A, 9th Aviation Battalion, 9th Infantry Division.  He was honorably released from active duty on 19 March 1968.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the following:  National Defense Service Medal; Vietnam Service Medal; Aircraft Crewman Badge; Air Medal; Good Conduct Medal; and Expert Badge (Rifle).  This form does not show award of the Purple Heart.  The applicant's military service records do not contain any general orders awarding him the Purple Heart.

4.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the entry "Wounded in right shoulder."  The entry is dated May 1967. 

5.  Additionally, the applicant's name is listed on the Vietnam Casualty Roster.  The roster verified that the applicant was wounded as a result of hostile action on 26 April 1967.

6.  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.  Paragraph 2-8b(2) states that for the purpose of considering an award of the Purple Heart, a “wound” is defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy.  

7.  Review of the applicant's DD Form 214 indicates that he is entitled to additional awards that are not shown on this form.  The applicant's DD Form 214 does not list award of the Republic of Vietnam Campaign Medal with Device (1960), Vietnam Gallantry Cross with Palm Unit Citation, the Meritorious Unit Commendation, or the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.

8.  The applicant's DD Form 214 does not show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Meritorious Unit Commendation, or the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.  The Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists unit awards received by units serving in Vietnam.  This document shows the 9th Aviation Battalion, during the period that the applicant was assigned, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 31, dated 1969; the Meritorious Unit Commendation by Department of the Army General Orders Number 36, dated 1970; and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation by Department of the Army General Orders Number 59, dated 1969.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Campaign Medal correctly known as 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 six months of service due to wounds resulting from hostile action were entitled to award of the Republic of Vietnam Campaign Medal.

10.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in two campaigns during his tour of duty in 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.  The applicant's DD Form 214 shows award of the Vietnam Service Medal.  His records also indicate that he participated in the Vietnam Counteroffensive Phase II and TET Counteroffensive. 

DISCUSSION AND CONCLUSIONS:

1.  The Vietnam Casualty Roster shows the applicant was wounded by a hostile force on 26 April 1967.  Therefore, based on the evidence provided, he is entitled to award of the Purple Heart.

2.  Evidence of record shows the applicant is entitled to wear the Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Meritorious Unit Commendation, and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.  Therefore, the applicant is entitled to correction of his records to show these awards.
3.  The evidence also shows that the applicant participated in two campaigns during his service in Vietnam.  Therefore, the applicant is entitled to correction of his records to show award of two bronze service stars to be worn 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 sustained on 26 April 1967;

      b.  adding to the individual’s DD Form 214 the Purple Heart, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Meritorious Unit Commendation, and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation; and 
      
      c.  showing he is entitled to wear two bronze service stars affixed to his already-awarded Vietnam Service Medal.




      ______ _   __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)                                         AR20090000832



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ABCMR Record of Proceedings (cont)                                         AR20090000832



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