IN THE CASE OF:	

		BOARD DATE:	 10 November 2009 

		DOCKET NUMBER:  AR20090010319 


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 1968 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect award of the Purple Heart.

2.  The applicant states he was wounded in June 1967 while in Vietnam and awarded the Purple Heart.  He states, however, the award was omitted from his DD Form 214.  

3.  The applicant provides copies of his Department of Veterans Affairs rating document showing disability ratings for multiple shrapnel wounds.

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.  Records available to the Board show the applicant was inducted and entered active duty on 12 April 1966.  In October 1966, following completion of training, he was assigned to Company B, 2ND Battalion, 35TH Infantry in Vietnam.

3.  The applicant’s name is reflected on the Vietnam Casualty Roster noting he was wounded as a result of hostile actions on 18 June 1967.  Item 40 (Wounds) on his DA Form 20 (Enlisted Qualification Record) also notes he sustained fragment wounds to his arm, chest, and right leg.  

4.  As a result of the applicant’s injuries he was evacuated from Vietnam via Japan to an Army hospital at Fort Ord, California.  

5.  There is, however, no indication he was ever awarded the Purple Heart.

6.  On 11 April 1968, the applicant was released from active duty with an honorable characterization of service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) reflects entitlement to the National Defense Service Medal, the Combat Infantryman Badge, the Republic of Vietnam Campaign Medal, the Vietnam Service Medal and the Good Conduct Medal and qualification as a marksman with the rifle.  

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

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

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant’s unit was awarded a Valorous Unit Award for the period 22 April to 20 August 1967 by Department of the Army General Order 43, dated 1972, and a Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 53, dated 1970.



10.  Department of the Army Pamphlet 672-3 also shows the applicant’s unit was awarded two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 48, dated 1971 and Department of the Army General Orders Number 38, dated 1970.

11.  Paragraph 6 of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) states that not more than one Vietnam Gallantry Cross Unit Citation will be worn by any individual, thereby, precluding wear of the Vietnamese Fourragere that represents multiple awards of the Vietnam Gallantry Cross.  The regulation provides that, although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, the regulation also states that in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records.

DISCUSSION AND CONCLUSIONS:

1.  There is sufficient evidence which confirms the applicant was wounded as a result of hostile action and as such is entitled to an award of the Purple Heart for wounds sustained on 18 June 1967 while in Vietnam.  His records should be corrected accordingly.

2.  Records show the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of the Vietnam Service Medal with two bronze service stars.

3.  The evidence also confirms the applicant is entitled to a Valorous Unit Award, a Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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 received on 18 June 1967 while in Vietnam;

	b.  deleting the Vietnam Service Medal from his DD Form 214; and

   c.  adding to his DD Form 214 the Purple Heart, Vietnam Service Medal with two bronze service stars, Valorous Unit Award, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
   


      _______ _   _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)                                         AR20090010319





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ABCMR Record of Proceedings (cont)                                         AR20090010319



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