IN THE CASE OF:	  

		BOARD DATE:	        17 SEPTEMBER 2009

		DOCKET NUMBER:  AR20090004951 


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, in effect, award of the Purple Heart (PH).  

2.  The applicant states, in effect, he was wounded in action in the Republic of Vietnam (RVN), which is reflected on his record.  However, he was not awarded the PH.   

3.  The applicant provides a copy of page 4 of his DA Form 20 (Enlisted Qualification Record) in support of his 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 record shows he was inducted into the Army and entered active duty, on 28 February 1969, and he was trained in and awarded military occupational specialty (MOS) 11E (Armor Crewman).  

3.  The applicant's DA Form 20 shows he was promoted to specialist four (SP4), on 7 September 1970, and that this is the highest rank he attained while serving on active duty.  It also shows that he was reduced to private/E-2 for cause, on
7 March 1970, and subsequently advanced back to private first class (PFC), on
8 May 1970.  Item 31 (Foreign Service) shows he served in the RVN from 
7 August 1969 through 1 October 1970.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Headquarters and Headquarters Troop (HHT) from 19 September 1969 through 8 March 1970 performing duties as a light truck driver.  He was also assigned to Troop B, 1st Squadron, 1st Cavalry Regiment from 9 March through 24 September 1970 performing duties as an armor crewman.  

4.  The applicant's record contains a casualty report and Western Union Telegram which show the applicant was slightly wounded in action by fragments while serving as a gunner on a military vehicle en route to a night defensive position in the RVN on 4 May 1970.  These documents further show that after being treated for wounds he received to his right shoulder, he was returned to duty.  His record is void of any orders or documents related to award of the PH.  

5.  On 1 October 1970, the applicant was honorably released from active duty (REFRAD), in the rank of PFC, after completing a total of 1 year, 7 months, and 
4 days of creditable active military service.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued upon his REFRAD shows he earned the following awards during his active duty tenure:  National Defense Service Medal (NDSM), Bronze Star Medal (BSM), Vietnam Service Medal (VSM), RVN Campaign Medal (RVNCM), 2 Overseas Service Bars, Army Commendation Medal (ARCOM), Bronze Star Medal (BSM), and Marksman Marksmanship Qualification Badge with Rifle Bar.  

6.  A member of the Board’s staff reviewed the Department of the Army (DA) Vietnam Casualty Roster and this roster contains an entry pertaining to the applicant that confirms he was wounded in action in the RVN.

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 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 that a record of this medical treatment was 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 the VSM for each campaign a member was 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 (1st Squadron, 1st Cavalry Regiment) received the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.  It further shows that during the applicant's tenure of assignment, participation credit was granted for 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-30 June 1970), and Vietnam Counteroffensive Phase VII (1 July 1970-30 June 1971) 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 applicant's record confirms he was wounded in action in the RVN on 4 May 1970, and that he was treated for his wounds by military medical personnel and returned to duty in the RVN as evidenced by a casualty report, Western Union Telegram on file in his record, and by an entry on the Vietnam Casualty Roster, the official DA list of RVN casualties.  As a result, it would be appropriate to award him the PH and to add this award to his record and DD Form 214 at this time.  

2.  The record also shows that based on his RVN service and campaign participation, he is also eligible for the RVN Gallantry Cross with Palm Unit Citation, the RVN Civil Actions Honor Medal First Class Unit Citation, and           4 bronze service stars to be worn with his VSM.  Therefore, it would also be appropriate to add these awards to his record and DD Form 214 at this time.  

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 awarding him the Purple Heart for wounds received in action in the Republic of Vietnam on 4 March 1970; by amending item 24 of his DD Form 214 by adding the Purple Heart, Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and 4 bronze service stars to be worn with his Vietnam Service Medal; and by providing him a correction to this DD Form 214 that includes these changes.  




      _______ _   _xxx______   ___
               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)                                         AR20090004951



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ABCMR Record of Proceedings (cont)                                         AR20090004951



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