IN THE CASE OF:	

		BOARD DATE:	4 August 2009    

		DOCKET NUMBER:  AR20090003391 


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 be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

2.  The applicant states, in effect, that he was awarded the decoration while serving in Vietnam.  He put all of his records away when he came home from Vietnam and he just recently discovered the error when applying for license plates.  

3.  In support of his application the applicant provides a copy of his DD Form 214.

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 he enlisted in the Regular Army, in pay grade E-1, on 27 June 1969, for 3 years.  He served in Vietnam from 11 January 1970 to 17 March 1970, with Company A, 864th Engineer Battalion (Construction) during one campaign.

3.  The applicant's records contain a Western Union telegram, dated 18 February 1970, advising his mother that he had been wounded in action in Vietnam on 15 February 1970 by small arms fire while on a military mission when a hostile force was encountered.  He was hospitalized for wounds he received to his left arm and chest with a fracture to the left humerus with vein and nerve damage.

4.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 38 (Record of Assignments) shows he was in a patient status at the 106th General Hospital, Vietnam, on 4 March 1970.  He was transferred to Valley Forge General Hospital (VFGH), Phoenixville, Pennsylvania, on 16 March 1970, in a patient status.  On
19 March 1970, the applicant was transferred to the Medical Hold Company, VFGH in a patient status.  Item 41 (Awards and Decorations) on this form lists the Purple Heart.  There is no entry in Item 42 (Wounds) describing the applicant’s injury.

5.  General Orders Number 16, dated 7 April 1970, were issued awarding the applicant the Purple Heart for wounds received in connection with military operations against a hostile force in Vietnam on 15 February 1970.

6.  The applicant appeared before a Medical Evaluation Board and Physical Evaluation Board in June and July 1971 for the following medical conditions:  neuropathy of the left radial nerve, left ulnar nerve, left median nerve, left pectoral area, and the left arm, all secondary to wounds he incurred near Phan Thiet, Vietnam, by small arms fire on 15 February 1970.  He was found medically unfit and recommended for permanent retirement from the service.

7.  The applicant was honorably separated from active duty, on 22 September 1971, for the purpose of permanent disability retirement.  He was credited with completing 2 years, 1 month, and 22 days of net active service and 33 days of lost time due to being absent without leave (AWOL).

8.  Entries on the applicant's DD Form 214, Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), list the following awards:  the Expert Marksmanship Qualification Badge with Rifle Bar (M16), the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device 1960. The Purple Heart is not shown. 

9.  Army Regulation 600-8-22 (Military Awards) authorizes 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 campaign or service medal including the Vietnam Service Medal.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that based on the applicant's service in Vietnam his unit was eligible for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army General Order Number 48, dated 1971, and his unit was also cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, by Headquarters, Department of the Army General Orders Number 11, dated 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should show award of the Purple Heart.  The evidence of record shows the applicant was wounded in action in Vietnam, on 15 February 1970, treated and transferred to the VFGH in Pennsylvania.  While in a patient status, the VFGH issued orders awarding him the Purple Heart.  A Medical Evaluation Board found him unfit for duty based on his wounds and recommended he be permanently retired.  Therefore, it is concluded that he is entitled to have this award shown on his DD Form 214.

2.  The evidence of record shows the applicant participated in one campaign during his service in Vietnam; therefore, he is eligible for award of one bronze service star to be affixed to his already-awarded Vietnam Service Medal and to have this service star added to his DD Form 214 at this time.

3.  General orders authorized the applicant's unit 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 during his tenure of assignment in Vietnam.  These unit awards are not shown on his DD Form 214. Therefore, he is entitled to have his DD Form 214 corrected to show these unit awards.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.






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.  adding the following awards to the list of awards shown on his DD Form 214: the Purple Heart, one bronze service star to be affixed to his already-awarded Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and

   b.  providing him a corrected DD Form 214 that includes these awards.



      _______ _   _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)                                         AR20090003391



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ABCMR Record of Proceedings (cont)                                         AR20090003391



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