IN THE CASE OF:	

		BOARD DATE:	13 August 2009    

		DOCKET NUMBER:  AR20090004795 


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 his DD Form 214 (Report of Transfer or Discharge) to show his award of the Purple Heart.

2.  The applicant states he was wounded on 24 February 1968 and awarded the Purple Heart.  He would like his DD Form 214 corrected to show this award.

3.  The applicant provides copies his DD Form 214, a Purple Heart certificate, an award photograph, and a Naval Personnel Form 501 (Personnel Diary).

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 on 11 January 1967.  He completed training and was awarded military occupational specialty (MOS) 67P (Single Rotor Utility Helicopter Repairman).

3.  He was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar on 17 February 1967 for the M-14 rifle and on 28 July 1967 for the 
M-16 rifle.

4.  A Naval Personnel Form 501 shows that on 26 February 1968 the applicant was admitted for treatment aboard the USS Repose, a U.S. Navy hospital ship.  He was released from the hospital on 11 March 1968.

5.  A Standard Form (SF) 88 (Report of Medical Examination) and an SF 89 (Report of Medical History), both dated 4 December 1968, that was prepared for the purpose of the applicant's expiration of term of service (ETS), shows the applicant received wounds to his right leg on 25 February 1968.  The wounds required surgical intervention and scaring was still visible.  The medical history states the applicant has a gunshot wound to the right upper leg, and was "wounded in V.N."  The medical examination shows scarring in the right inguinal area and posterior thigh from a gunshot wound. 

6.  The applicant was honorably released from active duty on 18 December 1968 with 1 year, 11 months, and 7 days of creditable service, of which 7 months and 8 days were served in Vietnam.

7.  Item 24 of the applicant's DD Form 214 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) lists his awards as the Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Good Conduct Medal, and National Defense Service Medal. 

8.  His DA Form 20 (Enlisted Personnel Record) shows service in Vietnam from 7 September 1967 through 15 May 1968, with assignment to:

	a.  484th Transportation Detachment, 282nd Assault Helicopter Company from 14 September 1968 through 15 March 1968;

	b.  Medical Holding Company, U.S. Army Hospital Ryukyu Islands, from 16 March 1968 through 14 May 1968; and 

	c.  257th Replacement Company (in Vietnam) from 15 May to 19 August 1968.

9.  The Purple Heart certificate, provided by the applicant, shows he was wounded in action on 24 February 1967 and awarded the Purple Heart on 5 April 1968.  

10.  The photograph provided by the applicant shows an individual in a hospital patient's robe shaking hands with a Navy officer.  Pinned to the robe is the Purple Heart.

11.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against the enemy or as a 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.

12.  Army Regulation 600-8-22 states that a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, Appendix B indicates he participated during the Counteroffensive Phase III
(1 June 1967 – 29 January 1968); Tet Counteroffensive (30 January 1968 – 
1 April 1968); and Counteroffensive Phase IV (2 April 1968 – 30 June 1968) campaigns.

13.  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 document shows that while the applicant was assigned to the 484th Transportation Detachment, 282nd Assault Helicopter Company, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he was wounded on 24 February 1968 and awarded the Purple Heart.  He would like his DD Form 214 corrected to show this award.

2.  The applicant's records contain medical documentation that shows he was wounded on 24 February 1968 and received treatment first aboard the hospital ship USS Repose and then at the Army Hospital, Ryukyu Islands.


3.  The combined information in the separation medical records, the DA Form 20, assignment orders to the USS Repose, Purple Heart certificate, and photograph 
demonstrate that the applicant received medical treatment for wounds sustained as the result of hostile action on 24 February 1968 and that he was awarded the Purple Heart for these wounds.  Therefore, the applicant's records should be corrected to show this award.

4.  The applicant served in Vietnam during three campaign periods and is authorized to wear three bronze service stars on his already-awarded Vietnam Service Medal.  Therefore, the applicant's records should be corrected to show this award.

5.  The applicant's awards of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar with both the M-14 and M-16 rifles were omitted from his DD Form 214.  Therefore, the applicant's records should be corrected to show these qualification badges.

6.  The applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his tenure of assignment.  Therefore, the applicant's records should be corrected to show this 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 the applicant's DD Form 214 the Vietnam Service Medal with 2 bronze service stars;

	b.  adding to Item 24 of the applicant's DD Form 214 the Purple Heart, Vietnam Service Medal with three bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar for both the M-14 and the M-16 rifles.



      __________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)                                         AR20090004795



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ABCMR Record of Proceedings (cont)                                         AR20090004795



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