IN THE CASE OF:	

		BOARD DATE:	6 October 2009    

		DOCKET NUMBER:  AR20090008209 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show that he was awarded the Purple Heart and the Army Commendation Medal.  He also requests that he be issued all of the medals that he is authorized.

2.  The applicant states someone forgot to put in his records the shrapnel wound that he received on 18 September 1965 at the battle of “Ann Nin One” during Operation Gibraltar.  

3.  The applicant provides in support of his application a copy of a certificate dated 15 August 1966 showing that he was awarded the Army Commendation Medal; page 2 of a Department of Veterans Affairs (DVA) Rating Decision (undated); and a self-authored statement (undated).

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.  On 31 March 1960, the applicant enlisted in the Army in Montgomery, Alabama, for 3 years, in the pay grade of E-1.  He successfully completed his training as a light weapons infantryman.  He was transferred to Korea on 24 February 1961 and he was assigned to Company A, 2nd Battle Group, 3rd Infantry Regiment.  He was reassigned to Company E, 2nd Battle Group, 34th Infantry Regiment.

3.  The applicant was honorably discharged on 9 May 1962, for the purpose of immediate reenlistment.  The DD Form 214 that he was furnished at the time of his discharge shows that he was awarded the Sharpshooter Marksmanship Qualification Badge.

4.  On 10 May 1962, the applicant reenlisted in the Army for 6 years.  He returned to the Continental United States on 30 May 1962.  

5.  On 8 July 1965, the applicant was transferred to Vietnam and he was assigned to Company B, 2nd Battalion (Airborne), 502nd Infantry Regiment.

6.  General Orders Number 4759 were published on 19 July 1966 awarding the applicant the Army Commendation Medal with “V” Device for heroism in connection with military operations against a hostile force on 26 March 1966, while in Vietnam.

7.  The applicant returned to the Continental United States on 16 June 1966.

8.  Special Orders Number 199 were published on 12 August 1967 awarding the applicant the Expert Marksmanship Qualification Badge with Rifle Bar.

9.  On 22 September 1967, the applicant was discharged under honorable conditions under the provisions of Army Regulation 635-212, due to unsuitability.  The DD Form 214 that he was furnished shows that he was awarded the Parachutist Badge, the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal, the Combat Infantryman Badge, and the Republic of Vietnam Campaign Medal.

10.  The second page of the DVA Rating Decision that the applicant submitted shows a list of the evidence that was considered during the review of his VA claim and it provides him with a reason for the decision that was made.  This document indicates that the applicant’s claim for service connection for shrapnel wound, right side is considered reopened and that service connection for shrapnel wound, right side has been established as directly related to military service.  According to the information contained this page of the DVA Rating Decision, the applicant submitted paperwork to reopen a claim for service-connection for shrapnel wounds of his right side and he said that he recently had shrapnel removed from his right side.  He provided a combat lay statement on 1 May 2008 indicating that he was hit by something that stung in his lower right side during combat while in Vietnam.  The VA Rating Decision does not reflect complete information regarding the applicant’s claim.

11.  A review of the Vietnam Casualty Roster does not show the applicant was wounded in action while he was in Vietnam.  There is no evidence in the applicant's records that shows that he was wounded in action while he was in Vietnam.

12.  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 by medical personnel, and the medical treatment must have been made a matter of official record.  

13.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the following two campaigns during his tour of duty in the Republic of Vietnam:  the Vietnam Defense Campaign, which extended from 8 March through 24 December 1965; and the Vietnam Counteroffensive Campaign, which extended from 25 December 1965 through 30 June 1966.

14.  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 the unit to which the applicant was assigned was cited for award of the Presidential Unit Citation for action on 18 September and 19 September 1965 in Department of the Army General Order (DAGO) Number 20, dated 1967; and the Meritorious Unit Commendation for the period 29 July 1965 through 1 October 1966 in DAGO Number 1, dated 1969.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that all units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

16.  Army Regulation 600-8-22 states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

17.  The Army Board for Correction of Military Records does not issue awards.  Requests for medal sets for previously approved awards should be forwarded to the National Personnel Records Center (NPRC), 9700 Page Avenue, St. Louis, Missouri  63132-5100.  The NPRC will verify your entitlement and forward your request with verification to the appropriate service department for issuance of the medals.  Requests submitted to NPRC may be submitted via a letter or the Standard Form 180 (which can be found at http://www.archives.gov/st-louis/military-personnel/index.html.)  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show that he was awarded the Purple Heart and the Army Commendation Medal and that he be issued all of the medals that he is authorized.

2.  His contentions have been noted and they are not completely without merit.  His records show that he was awarded the Army Commendation Medal with “V” Device for action on 26 March 1966, while he was in Vietnam.  Therefore, this award should be included on his DD Form 214

3.  The applicant’s records show that the unit to which he was assigned was cited  for award of the Presidential Unit Citation, the Meritorious Unit Commendation,  and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, these awards should also be included on his DD Form 214.

4.  The applicant participated in two campaigns while he was in Vietnam.  Therefore, he is entitled to two bronze service stars to be worn on his 
already-awarded Vietnam Service Medal.  Additionally, Special Orders Number 199 were published on 12 August 1967 awarding the applicant the Expert Marksmanship Qualification Badge with Rifle Bar and he is also entitled to the Korea Defense Service Medal.

5.  However, the applicant has not submitted sufficient evidence and there is no evidence contained in his official records that shows that he was wounded as a result of hostile action by enemy forces while he was in Vietnam.  Therefore, the award of the Purple Heart cannot be cannot be included on his DD Form 214 at this time.

6.  In view of the foregoing, it would now be appropriate to correct the applicant’s records as recommended below.
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 amending his DD Form 214 for the period ending 22 September 1967 to show that he was awarded the Army Commendation Medal with “V” Device, the Korea Defense Service Medal, the Presidential Unit Citation, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Expert Marksmanship Qualification Badge with Rifle Bar, and two bronze service stars to be worn on his already-awarded 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 amending his DD Form 214 to show that he was awarded the Purple Heart and issuing him his authorized 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)                                         AR20090008209





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ABCMR Record of Proceedings (cont)                                         AR20090008209



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