IN THE CASE OF:
BOARD DATE: 31 MARCH 2009
DOCKET NUMBER: AR20090000917
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 that he was wounded on Thanksgiving Day in 1967. He added that he was medically evacuated to Cam Ranh Bay Hospital with shrapnel in his back.
3. The applicant provides a copy of 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 applicants 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 applicants 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 22 June 1966. The applicant served in the Republic of Vietnam from
17 December 1966 to 20 December 1967. He was honorably released from active duty on 21 June 1968 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.
3. 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 Combat Infantryman Badge, the Vietnam Service Medal with 1 bronze service star, and the Republic of Vietnam Campaign Medal with device (1960). It does not show award of the Purple Heart.
4. Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the entry "Injured Shoulder (right)." The entry is dated
23 November 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 23 November 1967.
6. Headquarter Americal Division, General Orders Number 2099, dated 20 April 1968, awarded the applicant the Purple Heart for wounds received in connection with military operations against a hostile force on 23 November 1967.
7. Review of the applicant's DD Form 214 indicates that he is entitled to additional awards that are not shown on this form.
8. The Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) provides, in pertinent part, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all units that served in Vietnam between 20 July 1965 and 28 March 1973 which were subordinate to Headquarters, United States Army Vietnam by Department of the Army General Order Number 8, dated 1974.
9. Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the following two campaigns during his tour of duty in Vietnam: Vietnam Counteroffensive Phase II (1 July 1966 31 May 1967) and Vietnam
Counteroffensive Phase III (1 June 1967 20 January 1968). 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 Vietnam Casualty Roster and General Orders Number 2099 show the applicant was wounded by a hostile force on 23 November 1967. His DA Form 20 also verifies this entry. Therefore, based on the evidence provided, he is entitled to award of the Purple Heart for wounds sustained as a result of hostile action on 23 November 1967.
2. Evidence of record shows that the applicant is entitled to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, the applicant is entitled to correction of his records to show this award.
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 two bronze service stars to be worn on the 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. deleting from item 24 of his DD Form 214 the Vietnam Service Medal with 1 bronze service star; and
b. adding to item 24 of his DD Form 214 the Purple Heart, Vietnam Service Medal with two bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
___________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) AR20090000917
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