DOCKET NUMBER:  AR20090003387 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart.

2.  The applicant states that his Purple Heart is not listed on his DD Form 214. 

3.  The applicant provides, in support of his application, copies of his DD Form 214 and certificate for award of the Purple Heart.

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.  On 29 August 1966, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty (MOS) 11D (Armor Reconnaissance).

3.  Special Orders Number 169, United States Army Training Center, Fort Gordon, Georgia, dated 18 October 1966, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle [M-14] Bar.

4.  Orders Number 6, United States Army Training Center, Armor, Fort Knox, Kentucky, dated 11January 1967, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar.

5.  On or about 3 February 1967, the applicant arrived in the Republic of Vietnam.  He was assigned for duty with Company C, 1st Battalion, 12th Infantry Regiment, 4th Infantry Division, effective on 20 February 1967.

6.  Message, Date/Time Group 021202Z March 1967 reported that the applicant had been wounded on 28 February 1967 in his left thigh by sniper fire while on company movement.  His wound was the result of hostile fire.

7.  Special Orders Number 68, United States Army Vietnam, dated 9 March 1997, reassigned the applicant to the Medical Holding Detachment, Camp Zama, Japan, on or about 16 March 1967.

8.  Special Orders Number 129, 38th Replacement Battalion, dated 17 May 1967, assigned the applicant for duty with Headquarters, I Corps, in the Republic of Korea, effective 20 May 1967.

9.  Special Orders Number 166, Headquarters, I Corps, dated 11 July 1967, reclassified the applicant's primary MOS to 71B (Clerk Typist) and designated MOS 11D as his secondary MOS.

10.  The applicant departed the Republic of Korea on or about 31 May 1968 and returned to the United States.

11.  On 31 May 1968, the applicant was released from active duty.  He had attained the rank of specialist five, pay grade E-5 and had completed 1 year, 
9 months and 2 days of creditable active duty.




12.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Good Conduct Medal, Combat Infantryman Badge, and the Vietnam Service Medal.  It does not show award of the Purple Heart.  

13.  The Vietnam Casualty Roster shows that the applicant was wounded in action on 28 February 1967.  

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

15.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the Vietnam Counteroffensive, Phase II campaign.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 1st Battalion, 12th Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 43, dated in 1970, for award of the Valorous Unit Award; in DAGO Number 3, dated in 1970, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and in DAGO Number 53, dated in 1970, for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

17.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Campaign Medal with (1960) Device.  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.
18.  Army Regulation 600-8-22 (Military Awards), provides, in pertinent part, that the Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period.  An individual, who was not engaged in actual combat or equally hazardous activity, must have participated in operations or in direct support of operations for 
30 consecutive or 60 nonconsecutive days.   This regulation further provides that service in the Republic of Korea during the period from 1 October 1966 to 
30 June 1974 qualified for award of the Armed Forces Expeditionary Medal.

19.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Korean Defense Service Medal (KDSM).  The KDSM was authorized by Section 543, National Defense Authorization Act, 2003.  It is authorized for award to members of the armed forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The area of eligibility and the period of eligibility are as follows: a) service members of the armed forces must have served in support of the defense of the Republic of South Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense; b) the area of eligibility encompasses all land area of the Republic of South Korea, and the contiguous water out to 12 nautical miles, and all air spaces above the land and water areas; c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility for 30 consecutive or 60 non-consecutive days.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart for wounds he sustained while in the Republic of Vietnam.

2.  There are no general orders available that show the applicant was awarded the Purple Heart.  However, the applicant's records contain a copy of the casualty message reporting his being wounded, and his name is listed on the Vietnam Casualty Roster, which corroborates the Purple Heart certificate provided by the applicant.  Therefore, the applicant's records should be corrected to award the Purple Heart.

3.  Records show that the applicant participated in one campaign period during his service in the Republic of Vietnam.  Therefore, he is eligible for award of a bronze service star to be affixed to his Vietnam Service Medal.

4.  The applicant’s unit was cited in general orders for award of the Valorous Unit Award.  Therefore, his records should be corrected to show this unit award.

5.  The applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards.  

6.  Records show that the applicant served during a qualifying period for award of the Republic of Vietnam Campaign Medal with (1960) Device.  Therefore, his records should be corrected to show this award.

7.  Records show that the applicant served during a qualifying period for award of the Armed Forces Expeditionary Medal.  Therefore, his records should be corrected to show this award.

8.  Records show that the applicant served in the Republic of Korea during a qualifying period for award of the Korean Defense Service Medal.  Therefore, his records should be corrected to show this award.

9.  Special Orders show that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle and Machinegun Bars.  Therefore, his records should be corrected to show this 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.  awarding him the Purple Heart for wounds received in action on 28 February 1967; and

	b.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Purple Heart, Valorous Unit Award, one bronze service star to be affixed to his already-awarded Vietnam Service Medal, Armed Forces Expeditionary Medal, Korean Defense Service Medal, Republic of Vietnam Campaign Medal with (1960) Device, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Sharpshooter Marksmanship Qualification Badge with Rifle and Machinegun Bars.






      _______ _   __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)                                         AR20090003387





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ABCMR Record of Proceedings (cont)                                         AR20090003387



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