IN THE CASE OF:	

		BOARD DATE:	  12 November 2009

		DOCKET NUMBER:  AR20090010519 


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 the Purple Heart (PH) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).   

2.  The applicant states that the PH should be added to his DD Form 214.  

3.  The applicant provides a PH certificate 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 records pertaining to his active duty service between 28 June 1965 and 13 June 1968 were not provided to the Board for review.  A DD Form 214 for this period and his records covering subsequent periods of service in the 
U.S. Reserve (USAR) between 1975 and 1986 were provided.  
3.  The available records show the applicant served on active duty in the Regular Army (RA) from 28 June 1965 through 13 June 1968, that during his period of active duty service he held and served in military occupational specialty (MOS) 11B (Light Weapons Infantryman), and that he served in the Republic of Vietnam (RVN).  The available records fail to show the specific dates of his RVN service or a record of assignments during his RVN tour.  

4.  On 13 June 1968, the applicant was released from active duty (REFRAD), in the rank/grade of sergeant (SGT)/E-5, after completing a total of 2 years,
11 months, and 16 days of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows that during this period of active duty service, he earned the RVN Campaign Medal, Parachutist Badge, National Defense Service Medal, and the Vietnam Service Medal.  The PH was not included in the list of awards contained in item 24.  

5.  The applicant provides a PH certificate that indicates he was awarded the PH for being wounded in action in the RVN on 1 February 1968.

6.  During the review of this case, a member of the Board staff reviewed the Department of the Army (DA) Vietnam Casualty Roster and found an entry pertaining to the applicant that confirms he was wounded in action in the RVN on 1 February 1968.  

7.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-8 contains guidance on award of the PH and states, in pertinent part, that in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, that it required treatment by medical personnel, and a record of this medical treatment must have been made a matter of official record. 

8.  Army Regulation 600-8-22, paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 contains a list of Vietnam campaigns, and it shows that during his wounding on 1 February 1968 in Vietnam, he participated in at least the Tet Counteroffensive (30 January 1968 – 1 April 1968) campaign.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and 
personnel officers in determining or establishing the eligibility of Soldiers for 
campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Paragraph 6d states that Department of the Army General Orders 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the following units:

	a.  Headquarters, United States Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973.

	b.  Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the PH should be added to his DD Form 214 was carefully considered and found to have merit.  The evidence of record confirms the applicant was wounded in action in the RVN on 1 February 1968, as evidenced by an entry on the Vietnam Casualty Roster, the official DA list of RVN battle casualties, and the PH certificate provided by the applicant.  Therefore, it would be appropriate to add the PH to the list of awards contained in item 24 of his 13 June 1968 DD Form 214.   

2.  Although the specific dates of his RVN service are not verified by the available records, it is clear he served in the RVN, as evidenced by the list of awards contained in item 24 of his 1968 DD Form 214 and by the entry pertaining to him on the Vietnam Casualty Roster.  As a result, it would also be appropriate to add one bronze service star for wear on his already-awarded Vietnam Service Medal and the RVN Gallantry Cross with Palm Unit Citation to his DD Form 214.

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.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal;

   b.  adding to item 24 of his DD Form 214 the Purple Heart, Vietnam Service Medal with one bronze service star, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

   c.  providing him a correction to his DD Form 214 that includes these changes. 



      ___________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)                                         AR20090010519



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ABCMR Record of Proceedings (cont)                                         AR20090010519



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