BOARD DATE:	  1 September 2009

		DOCKET NUMBER:  AR20090005690


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 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 he was awarded the Purple Heart in Vietnam in 1967.

3.  The applicant provides a Western Union Telegram, dated 26 June 1967, from the Secretary of the Army to his parents informing them of his wounding on 22 June 1967.

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 enlisted in the Regular Army (RA) for 3 years on 25 October 1965.  Following completion of Basic Combat and Advanced Individual Training, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He then completed the Basic Airborne Course and was awarded the Parachutist Badge.

3.  The applicant arrived in Vietnam, on 3 June 1967, and was assigned to Company A, 2nd Battalion, 503rd Infantry, 173rd Airborne Brigade (Separate) where he served as an automatic rifleman.

4.  On a search and destroy operation, on 22 June 1967, the applicant’s unit encountered a North Vietnamese Army (NVA) unit and engaged in a fire fight from 0630 to 1430 hours.  The applicant sustained a fragment wound to his left arm.  He was transferred to the 18th Surgical Hospital, Vietnam, for treatment and recovery.  He returned to his unit on or about 18 August 1967.

5.  The applicant departed Vietnam on or about 2 June 1968.  He was assigned to Fort Bragg, NC, and Company C, 3rd Battalion, 505th Parachute Infantry Regiment, 82nd Airborne Division.  

6.  The applicant was honorably separated and transferred to the US Army Reserve (USAR), on 24 October 1968.

7.  The applicant’s DD Form 214 shows he had 3 years of creditable active Federal service, including 1 year of service in Vietnam.  It also shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Combat Infantryman Badge, and Parachutist Badge.  It does not show the Purple Heart.

8.  During the processing of this case, a member of the Board’s staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any orders for award of the Purple Heart on file for the applicant.

9.  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 the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 5 May 1965 to 26 September 1970 by Department of the Army General Order Number 51, dated 1971.

10.  On 30 June 1988, the Army Reserve Personnel Center (ARPERCEN), St. Louis, MO issued the applicant a DA Form 1577 (Authorization for Issuance of Awards) awarding him the Purple Heart.  An Official Statement of Award of the Purple Heart was provided in lieu of orders.

11.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides for the issuance of a bronze service star to be worn on the appropriate service medal, based on qualifying service, for each campaign listed in Appendix B of this regulation.  One silver service star is worn in lieu of five bronze service stars.  During the period June 1967 to June 1968, there were five campaigns:  Vietnam Counteroffensive, 25 December 1965 — 30 June 1966; Vietnam Counteroffensive, Phase II, 1 July 1966 — 31 May 1967; Vietnam Counteroffensive, Phase III, 1 June 1967 — 29 January 1968; TET Counteroffensive, 30 January 1968 — 1 April 1968; and Vietnam Counteroffensive, Phase IV, 2 April 1968 — 30 June 1968.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests the Purple Heart be added to his DD Form 214.

2.  The applicant was wounded, on 22 June 1967, in Vietnam and he was officially awarded the Purple Heart by ARPERCEN on 30 June 1988.  The Purple Heart should be added to his DD Form 214.

3.  The applicant is also entitled to other awards not shown on his DD Form 214. He served in five campaigns during the Vietnam War and he is entitled to a silver service star to be worn on his Vietnam Service Medal.  He is also entitled to have the Republic of Vietnam Gallantry Cross with Palm Unit Citation shown on his DD Form 214.

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 the Vietnam Service Medal from his DD Form 214; and

	b.  adding the Purple Heart, Vietnam Service Medal with silver service star, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214.



      _______ _   __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)                                         AR20090005690



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ABCMR Record of Proceedings (cont)                                         AR20090005690



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