BOARD DATE:	  29 December 2009

		DOCKET NUMBER:  AR20090011717 


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 award of the Purple Heart.

2.  The applicant states he received a shell fragment wound to his right leg, but the Purple Heart is not on his DD Form 214.

3.  The applicant provides no additional documentary evidence 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's military records show he enlisted in the Regular Army (RA) on 1 June 1965.  He was awarded military occupational specialty (MOS) 11D (armor intelligence specialist).  The highest rank/grade he attained during his tenure of service was private first class (PFC)/E-3.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he was assigned to the Republic of Vietnam (RVN) during the period 21 July 1966 to 2 March 1968.  While in Vietnam he performed duties as a scout driver, light truck driver, wheeled vehicle mechanic helper, and scout observer while assigned to the 1st Battalion, 26th Infantry, 1st Infantry Division during the period 25 July 1966 to 10 July 1967; as a security guard while assigned to Headquarters and Headquarters Company, 269th Combat Aviation Battalion during the period 11 July 1967 to 10 August 1967; and as a door gunner while assigned to the 188th Assault Helicopter Company during the period 11 August 1967 to 31 January 1968.  His DA Form 20 shows he was a patient in Vietnam from 1 February 1968 until he was transferred to Kimbrough Army Hospital in Maryland on 3 March 1968.

4.  The applicant's records show he was in a patient status during the period 1 February 1968 until he was honorably released from active duty on 10 April 1968.  He was subsequently transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed 2 years, 10 months, and 10 days of creditable active service.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Combat Infantryman Badge, Army Commendation Medal, Marksman Marksmanship Qualification Badge with Rifle Bar (M14), Air Medal, and one overseas service bar.

6.  A Western Union telefax and U.S. Army RVN message, dated 1 February 1968, indicated he had been slightly wounded in Vietnam on 31 January 1968 as a result of hostile action.

7.  The applicant's name appears on the Vietnam Casualty Roster with a date of casualty of 31 January 1968.

8.  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.
9.  The applicant's records show he is entitled to additional awards and decorations which he did not request and are not shown on his DD Form 214.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows unit awards received by units serving in the RVN.  The 1st Battalion, 26th Infantry, 1st Infantry Division to which the applicant was assigned while serving in the RVN was cited for the Valorous Unit Award based on Department of the Army General Orders (DAGO) 37, dated 1970; the RVN Gallantry Cross with Palm Unit Citation based on DAGO 21, dated 1969; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, based on DAGO 53, dated 1970.

11.  Appendix B, Army Regulation 600-8-22 shows the campaigns for Vietnam.  During the applicant's tour in Vietnam he participated in the Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967), Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968), and Tet Counteroffensive (30 January - 1 April 1968) campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

12.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time, governs the requirements for the overseas service bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the overseas service bar for service in a hostile fire zone and for combining service to calculate award of the bars.

13.  For Vietnam service, one overseas service bar is authorized for each period of six months active Federal service as a member of a United States Service in the Republic of Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The Western Union telefax and the U.S. Army RVN message, dated 1 February 1968, indicate the applicant was wounded in Vietnam on 31 January 1967 as a result of hostile action.  His records show he was in a patient status during the period 1 February to 10 April 1968.  As such, the preponderance of evidence is sufficient to award the applicant the Purple Heart and add this award to his DD Form 214.
2.  The applicant was assigned to units during periods of time for which general orders awarded these units the Valorous Unit Award, RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class Unit Citation which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his records to show these unit awards.

3.  The available records show the applicant was awarded the Vietnam Service Medal and that he participated in three campaigns while serving in the RVN.  Therefore, he is entitled to correction of his DD Form 214 to show the Vietnam Service Medal with three bronze service stars.

4.  Army regulation provides that one overseas service bar is authorized for each period of six months active Federal service as a member of a United States Service in Vietnam.  Evidence shows that in counting both the month of arrival and the month of departure from Vietnam the applicant served 21 creditable months in Vietnam for the purpose of the overseas service bar.  As such, he is entitled to correction of his DD Form 214 to show three overseas service bars.

5.  In view of the foregoing, the applicant's records should be corrected as shown below.

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 and the overseas service bar;

	b.  awarding the applicant the Purple Heart for wounds received as a result of hostile action on 31 January 1968; and

	c.  adding to item 24 of his DD Form 214 the Purple Heart, Vietnam Service Medal with three bronze service stars, Valorous Unit Award, RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and three overseas service bars.



      _________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)                                         AR20090011717



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ABCMR Record of Proceedings (cont)                                         AR20090011717



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