IN THE CASE OF:	  

		BOARD DATE:	  17 September 2009

		DOCKET NUMBER:  AR20090008138 


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, in effect, Purple Heart (PH) award orders and to have this award added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, that he was wounded in Vietnam in June 1967 and spent 3 months in the hospital at Walter Reed Army Medical Center.  He also indicates that he was given the PH for his wounds but he never received written orders for this award nor was it added to his DD Form 214.

3.  The applicant provides a DA Form 8-274 (Medical Condition - Physical Profile Record) and a copy of his DD Form 214 in support of his application.

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 record shows that he was inducted into the Army of the United States and entered active duty on 29 March 1966.  He was trained in, awarded, and served in military occupational specialty 11B (Light Weapons Infantryman).

3.  Item 31 (Foreign Service) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 13 December 1966 to 24 June 1967.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Company C, 2nd Battalion, 39th Infantry Regiment, 9th Infantry Division.

4.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) contains the entry which shows that the applicant sustained fragment wounds to both of his legs and buttocks on 12 June 1967.  Item 41 (Awards and Decorations) shows he earned the following awards during his active duty tenure: National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), Combat Infantryman Badge (CIB), Army Good Conduct Medal (AGCM), RVN Campaign Medal (RVNCM) with Device (1960), Expert Marksmanship Qualification Badge with Rifle Bar (M16), Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

5.  The applicant's record is void of any orders or other documents that indicate he was ever recommended for or awarded the PH.  It does contain a Standard Form 89 (Report of Medical History) which contains an entry that shows that the applicant had pieces of metal from a grenade removed.

6.  On 28 March 1968, the applicant was honorably released from active duty after completing a total of 2 years of creditable active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows he earned the following awards:  NDSM, VSM, AGCM, CIB, RVNCM with Device (1960), and Expert Marksmanship Qualification Badge with Rifle Bar 
(M-16).

7.  During the processing of this case, a member of the Board’s staff reviewed the Department of the Army Vietnam casualty roster.  The applicant's name is included on this casualty listing with an entry confirming he was wounded in action in the RVN on 12 June 1967.

8.  The applicant provides DA Form 8-274, dated 30 August 1967.  This document shows he sustained multiple fragment wounds to his left wrist and palm with ulnar nerve palsy.
9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states, in pertinent part, that the PH is awarded to any member who has been wounded or killed in action. A wound is defined as an injury to any part of the body from an outside force or agent sustained under conditions defined by this regulation.  In order to support awarding a member the PH, it is necessary to establish that the wound for which the award is being made required treatment by medical personnel and that treatment must have been made a matter of official record.

10.  Paragraph 2-13 of the awards regulation contains guidance on award of the VSM and states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of campaigns and it shows that during the applicant’s tenure of assignment in the RVN, credit was awarded for participating in the Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967) and Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968) campaigns.

11.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his tenure of assignment in the RVN, the applicant's unit (Company C, 2nd Battalion, 39th Infantry Regiment) earned the RVN Gallantry Cross with Palm Unit Citation by Department of the Army General Orders (DAGO) 31, dated 1969, and the RVN Civil Actions Honor Medal First Class Unit Citation by DAGO 59, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the PH should be added to the awards listed on his DD Form 214 and that he should be provided PH award orders has been carefully considered and found to have merit.  The evidence of record confirms that, although there are no PH orders on file to confirm the applicant was ever awarded the PH, he was wounded in connection with military operations against a hostile force in the RVN on 12 June 1967, as evidenced by the entries contained on the DA Vietnam casualty roster, his DA Form 20 and Standard Form 89 on file, and on the DA Form 8-274 that he provides.  Therefore, it would be appropriate to publish official orders announcing the applicant's award of the PH and to add this award to Item 24 of his DD Form 214 at this time.

2.  The evidence of record also confirms that based on his service and campaign participation in the RVN, the applicant is eligible for the RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, two bronze service stars to be worn with his already-awarded VSM, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and the Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60).  Therefore, it would also be appropriate to add these awards to his record and DD Form 214 at this time.

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 and providing him a copy of the Purple Heart orders;

	b.  by amending item 24 of his DD Form 214 by deleting the Vietnam Service Medal and adding the Purple Heart, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation, Sharpshooter Marksmanship Qualification with Rifle Bar (M-14), and the Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60); and


	c.  issuing the applicant a correction to his DD Form 214 that reflects these awards.



      ___________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)                                         AR20090008138



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ABCMR Record of Proceedings (cont)                                         AR20090008138



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