BOARD DATE:	  21 July 2009

		DOCKET NUMBER:  AR20090002088 


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 discharge document to show award of the Purple Heart and all other awards he is authorized.

2.  The applicant states, in effect, he was awarded the Purple Heart; however, Army officials failed to list the award on his discharge document.

3.  The applicant provides, in support of his application, copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 6 November 1968; and a DA Form 4980-10 (Purple Heart Certificate), dated 22 September 1967.

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 was inducted into the Army of the United States and entered active duty for a period of 24 months on 3 May 1966.  Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty 11C (Indirect Fire Crewman).

3.  The applicant's military personnel records contain a DA Form 20 (Enlisted Qualification Record).

   a.  Item 31 (Foreign Service) shows he served overseas in the U.S. Army Pacific (USARPAC) in the Republic of Vietnam (RVN) from 10 January through 20 October 1967.

   b.  Item 38 (Record of Assignments), in pertinent part, shows he was assigned to Company A, 2nd Battalion, 47th Infantry, 9th Infantry Division (USARPAC, RVN), from 28 January through 16 August 1967 and then he was assigned to Company E, 2nd Battalion, 39th Infantry, 9th Infantry Division (USARPAC, RVN), from 17 August through 19 October 1967.  This item also shows that on 23 October 1967 the applicant was assigned in a patient status to the Medical Hold Company, Valley Forge General Hospital, Phoenixville, Pennsylvania. 

   c.  Item 39 (Campaigns) shows he participated in the Vietnam Counteroffensive Phase II campaign.

   d.  Item 40 (Wounds) shows he sustained a fragment wound to his right leg on 21 September 1967.

   e.  Item 41 (Awards and Decorations) shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, and Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar.

4.  A review of The Adjutant General's Office, Casualty Division, Casualty Reference Name Listing for Vietnam, shows the applicant’s name is listed as having been wounded in action on 21 September 1967.

5.  A DA Form 199 (Physical Evaluation Board Proceedings), dated 9 September 1968, along with the identified exhibits show the applicant was injured as a result of hostile action and sustained a wound and fracture of his right tibia at approximately 1400 hours on 21 September 1967 when he was hit by fragments from hostile mortar rounds.

6.  The applicant's DD Form 214 shows he entered active duty on 3 May 1966, was honorably retired from active duty on 6 November 1968, and was placed on the Temporary Disability Retired List.  At the time he had completed 2 years,
6 months, and 2 days of net active service and 9 months and 11 days of foreign service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, and Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar.

7.  In support of his application, the applicant provides a copy of a Purple Heart Certificate, dated 22 September 1967, that shows he was awarded the Purple Heart for wounds received in action on 21 September 1967 in the RVN.

8.  A review of the applicant's military personnel records reveals that he may be authorized additional awards that are not shown on his DD Form 214.

9.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists campaigns for Vietnam.  This document shows that the applicant served in the RVN during the Vietnam Counteroffensive Phase II and Vietnam Counteroffensive Phase III campaigns.  This regulation also provides, in pertinent part, for award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, including the Vietnam Service Medal.

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 that at the time of the applicant's assignment to 2nd Battalion, 47th Infantry, 9th Infantry Division (USARPAC, RVN), the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 60 (1969).  This pamphlet also shows that at the time of his assignment, the unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters, Department of the Army, General Orders Number 59, dated 1969.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an 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 medical personnel, and the medical treatment must have been made a matter of official record.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart and all other awards he is authorized.

2.  The evidence of record shows that item 40 of the applicant's DA Form 20 indicates he sustained a fragment wound to his right leg on 21 September 1967 and The Adjutant General's Office, Casualty, Division Casualty, Reference Name Listing for Vietnam, confirms the applicant was wounded in connection with military operations on 21 September 1967 in the RVN.  In addition, the applicant was issued the Purple Heart Certificate showing he was awarded the Purple Heart for wounds received in action on 21 September 1967 in the RVN.  Thus, based on the available evidence, it is concluded the applicant was wounded in action in the RVN on 21 September 1967.  Therefore, in view of the foregoing, it would be appropriate to correct the applicant’s records to show award of the Purple Heart.

3.  Records show the applicant qualified for award of the Vietnam Service Medal and he participated in two campaigns during his service in the RVN.  Therefore, it would be appropriate to correct his records to show award of two bronze service stars to be affixed to his Vietnam Service Medal.

4.  Records show that General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

5.  Records show that General Orders awarded the applicant's unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

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"; and 

   b.  adding to item 24 of his DD Form 214 the "Purple Heart, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation."




      _______ _   __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)                                         AR20090002088



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ABCMR Record of Proceedings (cont)                                         AR20090002088



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