IN THE CASE OF:	  

		BOARD DATE:	  01 July 2009

		DOCKET NUMBER:  AR20090001480 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to add his Purple Heart.

2.  The applicant states that he was awarded the Purple Heart for wounds he incurred as a result of a grenade blast in Vietnam which killed another Soldier.

3.  The applicant provides his Purple Heart certificate.

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 show that he was inducted into the Army of the United States on 18 August 1966, was awarded the military occupational specialty of combat engineer, and was promoted to pay grade E-5.
3.  He was assigned to Vietnam from 8 August 1967 to 10 March 1968.  During his tour in Vietnam he was assigned to Company B, 8th Engineer Battalion, 1st Cavalry Division from 13 August 1967 to 4 March 1968.

4.  On 16 August 1968, the applicant was honorably released from active duty.  His awards consisted of the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) has the entry, "tra amp right mid finger" [traumatic amputation right middle finger].

5.  The applicant's records contain a DA Form 8-275-2 (Clinical Record Cover Sheet) which shows that the applicant was treated for "amputation, traumatic, open, right middle finger, at metacarpophalangeal joint, with digital nerve injury to radial nerve, right ring finger, no artery involvement.  Patient states [injured as a result of hostile action] when wounded by hostile fire during mine sweep, 1615 hours, 14 Feb 1968, near [landing zone] uplift, Republic of Vietnam."

6.  The applicant's military records contain General Orders 2884, dated 7 May 1968, which awarded the applicant the Air Medal; General Orders Number 1921, dated 31 March 1968, awarded the applicant the Bronze Star Medal; and General Orders Number 122 awarded the applicant the Army Good Conduct Medal.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the applicant's unit was awarded two Meritorious Unit Commendations for the period 1 September 1966–31 August 1967 by Department of the Army General Order (DAGO) 48, dated 1968; and for the period 1 September 1967–31 August 1968 by DAGO 51, dated 1971.  That publication also shows the pertinent identified campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Those periods are:  the Counteroffensive Phase III (1 July 1966 through 29 January 1968) and Tet Offensive (30 January 1968 through 1 April 1968).

8.  Department of the Army General Order Number 8, dated 1974, awarded all units assigned to the United States Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

9.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for wounds 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 a medical officer, and the medical treatment must have been made a matter of official record.

10.  The Vietnam casualty list shows that the applicant was wounded in action on 14 February 1968.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's Clinical Record Cover Sheet, his DA Form 20, and the Vietnam casualty list all show that the applicant was wounded as a result of hostile action.  As such, he is entitled to the Purple Heart.

2.  The applicant's military records contained orders for awards not shown on his DD Form 214.  As such, it would now be appropriate to add to his DD Form 214 the Air Medal, the Bronze Star Medal, and the Army Good Conduct Medal.

3.  Based on the applicant's period of service in Vietnam and the dates he was assigned to his unit, he is also entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation, two Meritorious Unit Commendations, and two bronze service stars to be affixed to the Vietnam Service Medal already shown on his DD Form 214.

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 to him the Purple Heart for wounds incurred in Vietnam on 14 February 1968; and


	b.  amending his DD Form 214 to add the Purple Heart, the Air Medal, the Bronze Star Medal, the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, two Meritorious Unit Commendations, and two bronze service stars to be affixed to the Vietnam Service Medal already shown on his DD Form 214.





      _______ _   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)                                         AR20090001480



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ABCMR Record of Proceedings (cont)                                         AR20090001480



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