IN THE CASE OF:	  

		BOARD DATE:	  14 October 2009

		DOCKET NUMBER:  AR20090006698 


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 he be awarded the Purple Heart. 

2.  The applicant states he sustained injuries as a result of hitting a landmine while on convoy in Vietnam.  He would like to receive the Purple Heart to show his grandchildren he served honorably.

3.  The applicant provides copies of six photographs of a damaged truck, 9 pages of service medical records, his DA Form 20 (Enlisted Qualification Record), his DD Form 214 (Report of Transfer or Discharge), and a VA Form 21-0781 (Statement in Support of Claim for Post Traumatic Stress Disorder (PTSD)).

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 on 21 September 1967, completed training, and was awarded the military occupational specialty 64B (Heavy Vehicle Driver).

3.  The record contains no record of award of the Purple Heart.

4.  The DA Form 20 shows that the applicant:

	a.  	served in Vietnam with the 446th Transportation Company from 9 March 1968 through 17 September 1968;

	b.  served during one campaign period;

	c.  sustained a wound (fractured left foot on 26 June 1968); and

	d.  his awards are the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar for both the M-14 and M-16 rifles.

5.  The applicant was honorably released from active duty on 19 September 1969 with 1 year, 11 months, and 29 days of creditable service.

6.  His DD Form 214 lists his awards as the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Expert Marksmanship Qualification Badge with Rifle Bar.

7.  The available medical records show the applicant received treatment for a fractured left foot, which occurred on 26 June 1968 when his truck hit a landmine.

8.  A review of the Vietnam Casualty List failed to locate a reference to the applicant.

9.  Army Regulation 600-8-22 (Military Awards) provides the following:

	a.  the Purple Heart is awarded to an individual who is wounded in action against an enemy of the United States, the armed force of a foreign country which is or has been engaged, while serving with a friendly foreign forces against an opposing force even though the U.S. is not engaged, as the result of any act of such enemy or opposing force or as a result an act of any hostile foreign force. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record; and

	b.  a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, Appendix B indicates he participated during the following three campaign periods:  the Tet Counteroffensive, 30 January 1968 – 1 April 1968; the Counteroffensive     Phase IV, 2 April 1968 – 30 June 1968; and the Counteroffensive Phase V,         1 July 1968 – 1 November 1968.

10.  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 that while the applicant was assigned to the 446th Transportation Company it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he sustained injuries as a result of hitting a landmine while on convoy in Vietnam.  He would like to receive the Purple Heart to show his grandchildren he served honorably.

2.  The applicant was wounded in action on 26 June 1968.  This wound was the result of hostile action, required treatment by a medical officer, and the medical treatment is a matter of official record.  Therefore, the applicant should be awarded the Purple Heart.

3.  The applicant served in Vietnam during three campaign periods and is entitled to wear three bronze service stars on his Vietnam Service Medal.

4.  In addition to the awards listed on the DD Form 214, the applicant is also authorized to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  It is appropriate to correct the applicant's DD Form to reflect these additional awards.

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 the applicant the Purple Heart for wounds received in Vietnam on 26 June 1968; and

	b.  correcting the applicant's DD Form 214 to add the Purple Heart and the Republic of Vietnam Gallantry Cross with Palm Unit Citation and to show he is eligible to wear three bronze service stars on his Vietnam Service Medal.




      _______ _   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)                                         AR20090006698





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ABCMR Record of Proceedings (cont)                                         AR20090006698



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