IN THE CASE OF:	  

		BOARD DATE:	  28 May 2009

		DOCKET NUMBER:  AR20090003157 


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 (PH).

2.  The applicant states he received a shrapnel wound while serving in the Republic of Vietnam (RVN) on 29 August 1969 and was treated at the Camp Holloway Aviation Dispensary.

3.  The applicant indicates a chronological record of medical care was included with his application; however, this document was not with the application when it arrived for Board review.

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 he was inducted into the Army of the United States and entered active duty on 13 August 1968.  He was trained in and awarded military occupational specialty (MOS) 67N (Helicopter Repairer).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 20 April 1969 through 4 April 1970.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to the 170th Aviation Company performing duties in MOS 67N as a helicopter mechanic.

4.  The applicant's official military personnel file contains a casualty report message, dated 30 August 1969, and a Western Union notification telegram, dated 29 August 1969, which confirm the applicant was wounded in action in the RVN on 29 August 1969 when his base camp came under a mortar attack and he received fragment wounds to his right arm.

5.  On 4 April 1970, the applicant was honorably released from active duty in the rank of specialist five after completing 1 year, 7 months, and 22 days of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued at the time shows he earned the following awards:  National Defense Service Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-16 and M-14), Vietnam Service Medal (VSM), RVN Campaign Medal with Device (1960), Army Good Conduct Medal, and two overseas service bars.

6.  During the processing of this case, a member of the Board staff reviewed the Department of the Army Vietnam Casualty Reference Name Listing.  This roster contained an entry confirming the applicant was wounded in action in the RVN on 29 August 1969.

7.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-8 contains guidance on award of the PH.  It states, in pertinent part, that in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, that it required treatment by military medical personnel, and a record of this treatment must have been made a matter of official record.

8.  Paragraph 2-13 of the awards regulation contains guidance on 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.

9.  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 (170th Aviation Company) received the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.  It also confirms that during this period participation credit was granted for the TET 69 Counteroffensive, Vietnam Summer-Fall 1969, and Vietnam Winter-Spring 1970 campaigns.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be awarded the PH was carefully considered and found to have merit.  The evidence of record includes a casualty report message and notification telegram that confirms the applicant was wounded in action in the RVN on 29 August 1969.  This information is corroborated by an entry on the Vietnam casualty roster.  As a result, it would be appropriate to award the applicant the PH and to add it to his record and 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 also eligible for the RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and three bronze service stars with his VSM.  Therefore, it would also be appropriate to add these awards to his record and 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 him the Purple Heart for being wounded in action in the Republic of Vietnam on 29 August 1969; and

     b.  adding the Purple Heart, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and three bronze service stars with his Vietnam Service Medal to 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)                                         AR20090003157



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ABCMR Record of Proceedings (cont)                                         AR20090003157



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