IN THE CASE OF:	  

		BOARD DATE:	  16 April 2010

		DOCKET NUMBER:  AR20090015877 


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, in effect, the Purple Heart was never recorded on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He did not take notice of the absence of the award until he proceeded to file a claim with the Department of Veterans Affairs (VA).

3.  The applicant provides the following:

* A letter of transmission from the North Carolina Department of Administration, Division of Veterans Affairs, dated 3 September 2009
* A copy of his DD Form 214 for the period ending 7 April 1969

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 and entered active duty on 13 July 1967.  He was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  The applicant's DD Form 214 shows he was honorably released from active duty on 7 April 1969 after completing 1 year, 8 months, and 25 days of active military service.

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in item 31 (Foreign Service) he served in the Republic of Vietnam (RVN) during the period
6 April 1968 through 5 April 1969.  Item 38 (Record of Assignments) shows on
6 April 1968 he was assigned to Company B, 6th Battalion, 31st Infantry, 9th Infantry Division, performing duties in MOS 11C (Radio Telephone Operator and Squad Leader).

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD 214 shows the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* Air Medal
* Combat Infantryman Badge (CIB)
* Army Commendation Medal 
* Vietnam Unit Citation

6.  Item 40 (Wounds) of the applicant's DA Form 20 is blank and item 41 (Awards and Decorations) does not include the Purple Heart in the awards listed.  His record is void of orders or other documents showing he was recommended for or awarded the Purple Heart by proper authority.

7.  The applicant's record contains a Health Record - Chronological Record of Medical Care with an entry made on 9 May 1968 by the attending medical personnel.  It states "Fragment wound near ® [right] wrist - IRHA [injured as a result of hostile action] in Saigon.  Fragment next to distal radius laterally."



8.  The Purple Heart is not included in the list of awards on the DD Form 214.  The applicant's name does not appear on the Vietnam Casualty Roster.

9.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.

10.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

11.  The applicant’s DD Form 214 shows that he was awarded the Vietnam Service Medal, but it does not show that he was awarded any bronze service stars to signify campaign participation credit.  Paragraph 2-13 of Army Regulation
600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states 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 the applicant's  tour in Vietnam he participated in the Vietnam Counteroffensive Phase VI          (2 November 1968 - 22 February 1969) and the TET 69 Counteroffensive, 1969 (23 February 1969 - 8 June 1969) campaigns.

12.  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.  This pamphlet shows that during the applicant's assignment to Company B, 6th Battalion, 31st Infantry, 9th Infantry Division his unit was awarded the following awards:

* Valorous Unit Award for the period 6-12 May 1968 by Department of the Army General Orders (DAGO) 43, dated 1970

* RVN Gallantry Cross with Palm Unit Citation for the period 1 December 1966 - 30 June 1968 and 1 July 1968 - 13 November 1968, both by DAGO 31, dated 1969; and for the period January - June 1969 by DAGO 59, dated 1969

* RVN Civil Actions Honor Medal First Class Unit Citation for the period
19 December 1966 - 28 June 1969 by DAGO 59, dated 1969.

13.  Paragraph 6 (Miscellaneous Information) of DA Pamphlet 672-3 states that not more than one award of the Republic of Vietnam Gallantry Cross with Palm 
Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

14.  Army Regulation 600-8-22 states 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, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his record be corrected by awarding him the Purple Heart is supported by medical evidence.

2.  Evidence shows the applicant suffered a fragment wound to the right wrist on 9 May 1968 as a result of hostile action that was treated by the appropriate medical personnel.  Therefore, there is sufficient evidence to show he met the requirements and is entitled to award of the Purple Heart with correction of his records to show this award.

3.  General orders awarded the applicant's unit the Valorous Unit Award which is not shown on his records.  He is entitled to correction of his records to show this unit award.

4.  General orders awarded the applicant's unit 3 awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation which are not shown on his records.  He is entitled to correction of his records to show these unit awards.

4.  General orders awarded the applicant's unit the RVN Civil Actions Honor Medal First Class Unit Citation which is not shown on his records.  He is entitled to correction of his records to show this unit award.

5.  The applicant was awarded the Vietnam Service Medal.  His records show he participated in two campaigns while serving in the RVN.  He is entitled to award of two bronze service stars for wear on his already-awarded 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.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal and Vietnam Unit Citation,

	b.  awarding him the Purple Heart for injuries received on 9 May 1968, and

   c.  adding to item 24 of his DD Form 214 the

* Purple Heart
* Vietnam Service Medal with two bronze service stars
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (3 awards)
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20090015877



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ABCMR Record of Proceedings (cont)                                         AR20090015877



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