IN THE CASE OF:	  

		BOARD DATE:	        1 JULY 2009

		DOCKET NUMBER:  AR20090002420 


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 the Purple Heart (PH) be added to the list of awards contained on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states that the PH he was awarded is not included on his DD Form 214.  

3.  The applicant provides a PH certificate and a copy of his DD Form 214 in support of his request.

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 record shows that he enlisted in the Regular Army (RA) and entered active duty on 23 July 1964.  He was trained in, awarded, and served in military occupational specialty (MOS) 63C (Track Vehicle Mechanic).

3.  Item 31 (Foreign Service) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 12 August 1966 to 15 July 1967.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Battery C, 3rd Battalion, 18th Artillery Regiment.  

4.  The applicant's Official Military Personnel File (OMPF) contains Headquarters, Task Force Oregon General Orders (GO) Number (#) 68, dated 28 June 1967, which awarded him the PH for wounds received in connection with military operations against a hostile force in the RVN on 24 June 1967.

5.  On 16 July 1967, the applicant was honorably released from active duty after completing a total of 2 years, 11 months, and 24 days of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows he earned the following awards:  National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), and Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar.

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-13 contains guidance on award of the VSM and states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of campaigns and it shows that during the applicant’s tenure of assignment in the RVN, he was credited with participating in the Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967) and Vietnam Counteroffensive Phase III (1 June 1967 - 
29 January 1968) campaigns.

7.  Paragraph 9-13 of the awards regulation contains guidance on award of the RVN Campaign Medal with Device (1960).  It states, in pertinent part, that this award is authorized for members who served in the RVN for 6 months or more during the period 1 March 1961 through 28 March 1973.

8.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his tenure of assignment in 

the RVN, the applicant's unit (Battery C, 3rd Battalion, 18th Artillery Regiment) earned the Valorous Unit Award (VUA) by Department of the Army (DA) GO 43, dated 1972 and RVN Gallantry Cross with Palm Unit Citation by DAGO 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the PH should be added to the awards listed on his DD Form 214 has been carefully considered and found to have merit.  The evidence of record confirms that the applicant was awarded the PH for wounds he received in connection with military operations against a hostile force in the RVN on 24 June 1967, as evidenced by PH awards orders on file in his OMPF.  Therefore, it would be appropriate to add the PH to Item 24 of the applicant's DD Form 214 at this time.

2.  The evidence of record also confirms that based on his service and campaign participation in the RVN,  the applicant is eligible for the VUA, RVN Campaign Medal with Device (1960), RVN Gallantry Cross with Palm Unit Citation, and 
2 bronze service stars to be worn with his already-awarded VSM.  Therefore, it would also be appropriate to add these awards to his record and DD Form 214 at this time.

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 the applicant's DD Form 214 the Vietnam Service Medal;
   
   
   b.  adding to item 24 of the applicant's DD Form 214 the Purple Heart, Vietnam Service Medal with 2 bronze service stars, Valorous Unit Award, Republic of Vietnam Campaign Medal with Device 1960, and Republic of Vietnam Gallantry Cross with Palm Unit Citation; and
   
   c.  issuing the applicant a correction to his DD Form 214 that reflects these awards.



      _________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)                                         AR20090002420



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ABCMR Record of Proceedings (cont)                                         AR20090002420



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