IN THE CASE OF:	  

		BOARD DATE:	  18 August 2009

		DOCKET NUMBER:  AR20090005521 


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, his record fails to recognize him for being awarded the PH. 

3.  The applicant provides United States Army Reserve (USAR) discharge orders and a newspaper article 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 commissioned a second lieutenant (2LT) in the USAR Medical Service Corps (MSC), and entered active duty on 
3 September 1967.
3.  The applicant's DA Form 66 (Officer Qualification Record) shows he served in the Republic of Vietnam (RVN) from 17 August 1968 through 26 August 1969.  Item 18 (Record of Assignments) shows that during his RVN tour he was assigned to the 6th Convalescent Center.  

4.  Item 21 (Awards and Decorations) of the applicant's DA Form 66 contains an entry indicating he was awarded the PH in Headquarters, 6th Convalescent Center General Orders (GO) Number (#) 22, dated 8 August 1969, and that he also earned the National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), RVN Campaign Medal (RVNCM) with 60 Device, and Army Commendation Medal (ARCOM) during his active duty tenure.  

5.  The applicant's Official Military Personnel File (OMPF) contains a copy of Headquarters, 6th Convalescent Center GO # 8, dated 8 August 1969, which awarded the applicant the PH for being wounded in action in the RVN on 
7 August 1969.  His OMPF also contains a Standard Form 600 (Chronological Record of Medical Care) which shows he was treated for a combat-related wound to his foot that he received on 7 August 1969, when his hooch exploded during an enemy attack.  

6.  On 3 September 1971, the applicant was honorably released from active duty (REFRAD), in the rank of captain.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued at the time shows he completed a total of 4 years and 1 day of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he earned the VSM, ARCOM, RVNCM with 60 Device, and 2 Overseas Bars, and that he participated in the Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI and TET 1969 Counteroffensive campaigns.  

7.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-13 provides guidance on the VSM and states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of campaigns and shows that during the applicant's tenure of assignment in the RVN, participation credit was granted for the Vietnam Counteroffensive Phase V,  Vietnam Counteroffensive Phase VI, TET 69 Counteroffensive, and Vietnam Summer-Fall 1969 campaigns.


8.  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 (6th Convalescent Center) was awarded the Meritorious Unit Commendation (MUC) for the period 1 August 1969 through 
31 October 1970, in Department of the Army (DA) GO (DAGO) 43, issued in 1972, and the RVN Gallantry Cross with Palm Unit Citation.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his record does not recognize the fact he was awarded the PH was carefully considered and found to have merit.  The evidence of record includes an entry in item 18 of his DA Form 66 that shows he was awarded the PH in Headquarters, 6th Convalescent Center GO # 22, dated 8 August 1969.  In addition, a copy of this order and a SF 600, which shows that on 10 August 1969 he was treated for a combat-related wound he received on 
7 August 1969, are on file in his record.  Therefore, it would be appropriate to add the PH to item 24 of his DD Form 214.  

2.  The evidence of record also shows that based on his active duty service and his service and campaign participation in the RVN, he is also eligible for the NDSM, MUC, RVN Gallantry Cross with Palm Unit Citation and 4 bronze service stars with his VSM, which should also be added to item 24 of his 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 amending item 24 of his DD Form 214 by deleting the current entry and replacing it with the entry "National Defense Service Medal, Purple Heart, Army Commendation Medal, Vietnam Service Medal with 4 bronze service stars, Republic of Vietnam Campaign Medal with Device 1960, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Meritorious Unit Commendation, and 
2 Overseas Service Bars"; and by providing him a correction to his DD Form 214 that reflects 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)                                         AR20090005521



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ABCMR Record of Proceedings (cont)                                         AR20090005521



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