BOARD DATE:	  22 September 2009

		DOCKET NUMBER:  AR20090006274 


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 separation document to show award of the Purple Heart.

2.  The applicant states this is an extremely easy addition to make to his separation document and a review of his military personnel records should confirm he was awarded the Purple Heart.

3.  The applicant provides, in support of his application, a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and three photographs of his Purple Heart medal set.

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 in the U.S. Army and entered active duty for a period of 24 months on 25 May 1966.  Upon completion of training, he was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

   a.  Item 31 (Foreign Service) he served in the Republic of Vietnam (RVN) from 10 January 1967 through 10 January 1968;

   b.  Item 38 (Record of Assignments) he was assigned to Company C,
3rd Battalion, 47th Infantry, 9th Infantry Division (RVN), from 28 January through 11 July 1967.  He was then assigned to Company B, 2nd Battalion, 35th Infantry, 25th Infantry Division (RVN), from 12 July 1967 through 7 January 1968;

   c.  Item 39 (Campaigns) is blank;

   d.  Item 40 (Wounds) he sustained a fragment wound to the right side of his head on 2 October 1967; and

   e.  Item 41 (Awards and Decorations) he was awarded the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, Republic of Vietnam Campaign Medal, two Overseas Service Bars, and Marksman Marksmanship Qualification Badge with (M-14) Rifle Bar.

4.  Headquarters, 4th Infantry Division (RVN) [3rd Brigade, 25th Infantry Division had been reassigned as the 3rd Brigade, 4th Infantry Division], General Orders Number 3566, dated 26 October 1967, in pertinent part, show the applicant was awarded the Purple Heart for wounds received in action in the RVN on 1 October 1967.

5.  The applicant's DD Form 214 shows he was honorably released from active duty on 24 May 1968 and transferred to the U.S. Army Reserve Control Group (Annual Training).  At the time he had completed 2 years of net active service and 1 year and 1 day of foreign service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Combat Infantryman Badge, Republic of Vietnam Campaign Medal with Device (1960), two Overseas Services Bars, and Marksman Marksmanship Qualification Badge with (M-14) Rifle Bar.

6.  In support of his application, the applicant provides three photographs of his Purple Heart medal set that show, in pertinent part, the reverse side of the medal is engraved with the applicant's name (i.e., Patrick D. L_________).
7.  A review of the applicant's military personnel records reveals that he may be authorized additional awards that are not shown on his DD Form 214.

8.  Headquarters, 4th Infantry Division (RVN), General Orders Number 657, dated 17 February 1968, in pertinent part, show the applicant was awarded the Army Commendation Medal for meritorious service in the RVN from January 1967 to January 1968.

9.  Headquarters, 197th Infantry Brigade, Fort Benning, Georgia, General Orders Number 36, dated 24 April 1968, in pertinent part, show the applicant was awarded the Good Conduct Medal for exemplary behavior, efficiency, and fidelity for the period 25 May 1966 to 24 May 1968.

10.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists campaigns for Vietnam.  This document shows that the applicant served in the RVN during the Vietnam Counteroffensive Phase II and Vietnam Counteroffensive Phase III campaigns.  This regulation also provides, in pertinent part, for award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, including the Vietnam Service Medal.

11.  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 pamphlet shows that at the time of the applicant's assignment to Company B, 2nd Battalion, 35th Infantry (RVN), the battalion was awarded the Valorous Unit Award by Headquarters, Department of the Army, General Orders Number 43 (1972).  This pamphlet also shows that at the time of the applicant's assignment to the unit, the battalion was awarded the Meritorious Unit Commendation by Headquarters, Department of the Army, General Orders Number 17 (1969).

12.  Department of the Army Pamphlet 672-3 also shows that at the time of the applicant's assignment to Company C, 3rd Battalion, 47th Infantry (RVN), the battalion was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 31 (1969).  This pamphlet further shows that at the time of the applicant's assignment to the unit, the battalion was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters, Department of the Army, General Orders Number 59 (1969).


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show he was awarded the Purple Heart because he was wounded in action in the RVN.
 
2.  General orders awarded the applicant the Purple Heart for wounds received in action in the RVN on 1 October 1967.  Therefore, it would be appropriate to correct the applicant's DD Form 214 to show the Purple Heart.

3.  General orders awarded the applicant the Army Commendation Medal.  Therefore, it would be appropriate to correct his DD Form 214 to show the Army Commendation Medal.

4.  General orders awarded the applicant the Good Conduct Medal.  Therefore, it would be appropriate to correct his DD Form 214 to show the Good Conduct Medal.

5.  General orders awarded the applicant's unit the Valorous Unit Award. Therefore, it would be appropriate to correct his DD Form 214 to show this unit award.

6.  General orders awarded the applicant's unit the Meritorious Unit Commendation.  Therefore, it would be appropriate to correct his DD Form 214 to show this unit award.

7.  General orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his DD Form 214 to show this foreign unit award.

8.  General orders awarded the applicant's unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would be appropriate to correct his DD Form 214 to show this foreign unit 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 adding to item 24 of his DD Form 214 the Purple Heart, Army Commendation Medal, Good Conduct Medal, Valorous Unit Award, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.




      _______ _   _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)                                         AR20090006274



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ABCMR Record of Proceedings (cont)                                         AR20090006274



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