IN THE CASE OF:	  
 
		BOARD DATE:	  3 September 2009

		DOCKET NUMBER:  AR20090006268 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Purple Heart.

2.  The applicant states, in effect, that the Department of Veterans Affairs (VA) Health Care System does not recognize him as a combat-wounded Veteran.

3.  The applicant provides the following documents in support of his application:

	a.  a copy of his Purple Heart award certificate, dated 11 January 1990, for wounds received in action in the Republic of Vietnam on 14 May 1968;

	b.  a copy of a DA Form 1577 (Authorization for Issuance of Awards), dated 11 January 1990, that shows the applicant received a Purple Heart certificate and medal set from the U.S. Army Reserve Personnel Center;

	c.  a copy of his DD Form 214 with a separation date of 17 December 1968; and 

	d.  a copy of a VA letter, dated 25 March 2009.

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 24 May 1967 for a 2-year period of service.  He successfully completed basic and advanced individual training.  He was awarded military occupational specialty 11D (Armor Intelligence Specialist).

3.  On 31 August 1967, Special Orders Number 162 published by Headquarters, 1st Training Brigade, at Fort Knox, KY, awarded him the Marksman Marksmanship Qualification Badge for the M-60 Machine Gun.

4.  Records show the applicant was assigned to Troop A, 1st Squadron, 11th Armored Cavalry Regiment, in the Republic of Vietnam from on or about 4 November 1967 to 5 June 1968.

5.  The applicant was honorably released from active duty on 17 December 1968 and transferred to the U.S. Army Reserve Control Group (Annual Training).  The DD Form 214 issued to the applicant shows he completed a total of 1 year, 6 months, and 24 days of active federal service with 1 year, 1 month, and 14 days of foreign service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the following awards:  the Army Good Conduct Medal, the National Defense Service Medal, the Armed Forces Expeditionary Medal (Korea), the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Combat Infantryman Badge, the Expert Marksmanship Qualification Badge with Rifle Bar, and one overseas service bar.  This form does not show award of the Purple Heart.

7.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record), dated 31 July 1968, does not show an entry for wounds received in hostile action.

8.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show he was awarded the Purple Heart.

9.  The applicant’s name is not listed on the Vietnam casualty roster as wounded in action or that he received medical treatment for a wound.

10.  There are no orders in the applicant's military personnel service records awarding him the Purple Heart.

11.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 and maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the applicant awarding him the Purple Heart.

12.  A review of the applicant's military personnel record shows a copy of a memorandum signed by a Medical Service Corps officer who held the position of the medical operations assistant for the 1st Squadron, 11th Armored Cavalry Regiment, Surgeon's Office.  This document shows the applicant was injured as a result of hostile action on 14 May 1968.  This officer recommended that action be initiated to award the applicant the Purple Heart.

13.  The applicant provided a copy of a DA Form 1577, dated 11 January 1990, that shows he received a Purple Heart certificate and medal set from the U.S. Army Reserve Personnel Center.

14.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained 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, and the medical treatment must have been made a matter of official record.  

15.  The applicant's records show that he is entitled to additional awards which he did not request and are not listed on his DD Form 214.

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This document shows that the unit to which the applicant was assigned was awarded the following unit awards:

	a.  the Presidential Unit Citation for the period 11 May 1968 to 2 June 1968 by Department of the Army General Order (DAGO) Number 45, dated 1969;

	b.  the Valorous Unit Award for the period 31 January 1968 to 5 February 1968 by DAGO Number 28, dated 1969; and

	c.  the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 31 January 1968 to 5 February 1968 by DAGO Number 60, dated 1968.

16.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  Appendix B of this regulation shows the campaigns for Vietnam.  During the applicant’s tour in Vietnam, he participated in three campaigns:  the Vietnam Counteroffensive Phase III (1 June 1967 to 29 January 1968), the Tet Counteroffensive (30 January 1968 to 1 April 1968), and the Vietnamese Counteroffensive Phase IV (2 April 1968 to 30 June 1968).  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 evidence of record shows that a Medical Service Corps officer stated that the applicant was injured as a result of hostile action in the Republic of Vietnam on 14 May 1968.  Therefore, the applicant is entitled to award of the Purple Heart.

2.  Records show the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to three bronze service stars to be affixed to the previously-authorized Vietnam Service Medal.

3.  Records show the applicant's unit was awarded the Presidential Unit Citation, the Valorous Unit Award, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his tour in the Republic of Vietnam.  Therefore, he is entitled to correction of his records to show these three unit awards.

4.  Official orders announced award of the Marksman Marksmanship Qualification Badge with Machine Gun Bar.  Therefore, the applicant is entitled to have his record corrected to show this 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.  awarding him the Purple Heart for injuries incurred on 14 May 1968 and

	b.  amending his DD Form 214 with a separation date of 17 December 1968 to add the Purple Heart, the Presidential Unit Citation, the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, three bronze service stars to be affixed to his previously authorized Vietnam Service Medal, and the Marksman Marksmanship Qualification Badge with Machine Gun Bar.




      ____________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)                                         AR20090006951



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ABCMR Record of Proceedings (cont)                                         AR20090006268



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