IN THE CASE OF:	  

		BOARD DATE:	  15 October 2009

		DOCKET NUMBER:  AR20090009556 


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 award of the Purple Heart.

2.  The applicant states he was injured in Vietnam by enemy mortar fire on 26 March 1968.

3.  The applicant provides copies of orders for award of the Army Commendation Medal (ARCOM) with "V" Device, U.S. Army Reserve discharge orders, and a newspaper article in support of this 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 was inducted into the Army of the United States on 17 October 1966 and upon completion of initial entry training was awarded military occupational specialty 13A (Field Artillery Basic).  He arrived in Vietnam on 9 June 1967 and was assigned to Battery C, 7th Battalion, 8th Artillery.  Effective 15 October 1967, he was reassigned to Battery C, 2nd Battalion, 32nd Artillery.  He departed Vietnam on 8 June 1968 and was released from active duty on 16 October 1968.  He was discharged from the Standby Reserve effective 16 October 1972.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the Army Good Conduct Medal as authorized awards.

4.  There are no orders in the applicant's available records which show he was awarded the Purple Heart; however, his name is listed on the Vietnam casualty roster as being wounded as a result of hostile action on 26 March 1968.

5.  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, and the medical treatment must have been made a matter of official record.

6.  A review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.

7.  Headquarters, U.S. Army Training Center, Fort Campbell, Kentucky, Special Orders Number 159, dated 2 December 1966, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

8.  Headquarters, 7th Battalion, 8th Artillery, Fort Sill, Oklahoma, Special Order Number 43, dated 4 April 1967, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

9.  Headquarters, U.S. Army Vietnam, General Orders Number 3165, dated 4 July 1968, awarded the applicant the ARCOM with "V" Device.

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, at the time of the applicant's assignment to the 7th Battalion, 8th Artillery, it was cited for award of the Meritorious Unit Commendation for actions during the period 1 July 1967 to 1 May 1968 by Department of the Army General Orders (DAGO) Number 17, dated 1969.

11.  Department of the Army Pamphlet 672-3 shows that at the time of the applicant's assignment to the 2nd Battalion, 32nd Artillery, it was cited for the following unit awards:

	a.  Meritorious Unit Commendation for actions during the period 1 January 1968 to 31 January 1969 by DAGO Number 36, dated 1970;

	b.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period December 1965 to August 1968 by DAGO Number 48, dated 1971; and 

	c.  two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for actions during the periods 4 November 1965 to 15 January 1971 by DAGO Number 51, dated 1971, and 31 July 1966 to 21 January 1970 by DAGO Number 51, dated 1971.  (This is an overlapping period of time that apparently is an error in the pamphlet.  The Center for Military History Lineage and Honors Information website for the battalion shows only one award of this unit award, for the period 1965 – 1971.)

12.  Army Regulation 600-8-22 states that an oak leaf cluster is authorized for wear for each additional award of certain decorations, among which are the Meritorious Unit Commendation.

13.  Appendix B of Army Regulation 600-8-22 shows the campaigns for Vietnam. 
During the applicant's tour in Vietnam he participated in three campaigns:  Vietnam Counteroffensive Phase III, Tet Counteroffensive, and Vietnam Counteroffensive Phase IV.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  Although there are no orders in the applicant's records which show he was awarded the Purple Heart, his name is listed on the Vietnam casualty roster as being wounded as a result of hostile action.  Therefore, there is sufficient evidence on which to award the Purple Heart in this case.

2.  General orders show the applicant was awarded the ARCOM with "V" Device. This award should be added to his DD Form 214.

3.  Special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  These badges should be added to his DD Form 214.

4.  The applicant is entitled to wear two awards of the Meritorious Unit Commendation, correctly known as the Meritorious Unit Commendation with First Oak Leaf Cluster.  He is also entitled to wear one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, correctly known as the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation with First Oak Leaf Cluster.  These unit awards should also be added to his DD Form 214.

5.  The applicant's records show he was awarded the Vietnam Service Medal.  Additionally, he participated in three campaigns while serving in Vietnam.  Therefore, he is entitled to three bronze service stars to be affixed to his Vietnam Service Medal.

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 him the Purple Heart for wounds sustained on 26 March 1968; and 

	b.  by amending his DD Form 214 to add the Purple Heart, the ARCOM with "V" Device, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), the Sharpshooter Marksmanship Qualification Badge with Rifle Bar 
(M-16), the Meritorious Unit Commendation with First Oak Leaf Cluster, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of 

Vietnam Civil Actions Honor Medal First Class Unit Citation, and three bronze service stars to be affixed to 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)                                         AR20090009556



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ABCMR Record of Proceedings (cont)                                         AR20090009556



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