IN THE CASE OF:	

		BOARD DATE:	30 July 2009  

		DOCKET NUMBER:  AR20090004808 


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 he received fragment wounds during an ambush in the Republic of Vietnam during the summer of 1969.

3.  The applicant provides a copy of his DD Form 214, dated 10 March 1971, in support of application.

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 records show he was inducted into the Army of the United States on 13 February 1969.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was honorably released from active duty on 10 March 1971 in the rank/grade of specialist four (SP4)/E-4 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

3.  The applicant's records also show that he served in the Republic of Vietnam from 25 August 1969 to 22 August 1970.  He was assigned to Company D, 2nd Battalion, 506th Infantry Regiment.

4.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, two overseas service bars, Bronze Star Medal, Air Medal, Army Commendation Medal, Combat Infantryman Badge, Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), Vietnam Service Medal with two bronze service stars, and Republic of Vietnam Campaign Medal with Device (1960).  Item 24 does not show award of the Purple Heart.

5.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows he suffered a fragment wound to his right arm on 8 April 1970.

6.  The applicant’s name is shown on the Vietnam Casualty Roster under code “23” which indicates "hostile wounded in action – not serious – hospitalized."  The date of this injury/wound is listed as 8 April 1970.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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 by medical personnel, and the medical treatment must have been made a matter of official record.

8.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

9.  Headquarters, 197th Infantry Brigade, Fort Benning, GA, General Orders Number 40, dated 12 February 1971, show the applicant was awarded the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 13 March 1969 through 12 March 1971 (DOSOA) [date of separation on or about].

10.  Headquarters, 3rd Advanced Individual Training Brigade, Fort Jackson, SC, Special Orders Number 133, dated 14 July 1969, show the applicant was awarded the Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60).  

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during the time of the applicant's assignment to 2nd Battalion, 506th Infantry Regiment, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders 8, dated 1974, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders 48, dated 1971.

12.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Summer-Fall 1969 (9 June 1969 – 31 October 1969); Vietnam Winter-Spring 1970 (1 November 1969 – 30 April 1970); Sanctuary Counteroffensive (1 May 1970 – 30 June 1970); and Vietnam Counteroffensive, Phase VII (1 July 1970 – 30 June 1971) campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart.

2.  The evidence of record shows that the applicant suffered a fragment wound to his right arm on 8 April 1970.  His name is further shown on the Vietnam Casualty Roster as wounded as a result of hostile action on 8 April 1970.  Therefore, there is sufficient evidence to show the applicant is entitled to award of the Purple Heart and correction of his DD Form 214 to show this award.

3.  General Orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his records.  Therefore, he is entitled to correction of his records to show these unit awards.

4.  General Orders awarded the applicant the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period from 13 March 1969 through 12 March 1971 which is not shown on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show this award.

5.  Special Orders awarded the applicant the Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60) which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

6.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, his records show he participated in four campaigns while serving in the Republic of Vietnam, two of which are not shown on his DD Form 214.  Therefore, he is entitled to a total award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

BOARD VOTE:

____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 the applicant the Purple Heart for wounds received in action on
8 April 1970 in the Republic of Vietnam; 

	b.  deleting from item 24 of the applicant's DD Form 214 the entry "Vietnam Service Medal w/2 Bronze Stars";

	c.  adding to item 24 of the applicant's DD Form 214 the Purple Heart, Army Good Conduct Medal (1st Award), Vietnam Service Medal with four bronze service stars; Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60); and

	



   d.  providing the applicant a corrected DD Form 214 that shows these changes.



      __________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)                                         AR20090004808



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ABCMR Record of Proceedings (cont)                                         AR20090004808



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