IN THE CASE OF:	

		BOARD DATE:	15 September 2009    

		DOCKET NUMBER:  AR20090006700 


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 records be corrected to show award of the Purple Heart, the Republic of Vietnam Gallantry Cross Unit Citation, and other awards.

2.  The applicant states he believes he was issued the Purple Heart, but it and the Republic of Vietnam Gallantry Cross Unit Citation are not recorded on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides a copy of his DD Form 214.

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 service medical records are believed to be on indefinite loan to the Department of Veterans Affairs and are not available for Board review.

3.  The applicant served on active duty in the Regular Army from 12 January 1967 through 10 October 1968.

4.  He served in Vietnam as a cook with the 669th Transportation Company from on or about 3 August 1967 through 5 October 1968.

5.  His DA Form 20 (Enlisted Qualification Record) lists his awards as the Republic of Vietnam Campaign Medal with Device (1960), the National Defense Service Medal, the Vietnam Service Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  It also shows participation in two campaigns.

6.  The applicant's DD Form 214 lists his awards as the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

7.  A review of the Vietnam casualty list failed to locate any reference to the applicant and his record contains no indication that the applicant was wounded in action.

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

	a.  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; and

	b.  a bronze service star is authorized based on qualifying service for each designated campaign period listed in appendix  B of the regulation and states that authorized bronze 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 served during the following four campaign periods:  the Counteroffensive Phase III (1 June 1967-29 January 1968), 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).

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 that while the applicant was assigned to the 669th Transportation Company it was authorized award of the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Gold Star Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he believes he was issued the Purple Heart medal but it and the Republic of Vietnam Gallantry Cross Unit Citation are not listed on his DD Form 214.

2.  In addition to the awards listed on the DD Form 214, the applicant is also authorized the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Gold Star Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four bronze service stars for wear on his Vietnam Service Medal.

3.  The record contains no documentation to support the applicant's contention that he received a wound as the result of hostile action.  Without a record of treatment for a wound sustained as the result of enemy action, entitlement to the Purple Heart cannot be established.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_____x___  ____x____  ___x_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that, in addition to the awards listed on the DD Form 214, the applicant is authorized the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Gold Star Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four bronze service stars for wear on his Vietnam Service Medal.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Purple Heart.



      ____________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)                                         AR20090006700





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ABCMR Record of Proceedings (cont)                                         AR20090006700



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