BOARD DATE:	  February 23, 2010

		DOCKET NUMBER:  AR20090016590 


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 1978 DD Form 214 (Report of Separation from Active Duty) be corrected to reflect award of the Purple Heart. 

2.  The applicant states the award he received in Vietnam in 1969 is not recorded on his DD Form 214.  He states he needs the document to “get tags and membership in associations.”

3.  The applicant provides no additional evidence in support of his request.

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 indicate the applicant initially entered active duty as a Regular Army enlisted Soldier on 7 February 1968 and served continuously through a series of reenlistment until 27 September 1978 when he was honorably discharged after more than 10 years of military service.

3.  The applicant’s records indicate he served two tours of duty in Vietnam.  During the applicant’s initial tour of duty in Vietnam (August 1968 to May 1969) he was awarded an Army Commendation Medal with “V” device in recognition of his heroic actions on 11 and 13 May 1969 while assigned to the 92nd Artillery.  The award order, dated 8 July 1969, notes that on 13 May 1969 the applicant was wounded when a 122mm rocket exploded in the immediate area of his gun section.  Although item 40 (wounds) on his DA Form 20 (Enlisted Qualification Record) is blank, item 38 (principal duty) does indicate the applicant was listed as being in a patient status at Camp Zama, Japan between May 1969 and 
August 1969 when he was reassigned to Fort Bragg, North Carolina.

4.  In spite of the information contained in the applicant’s July 1969 order awarding him the Army Commendation Medal with “V” device, there is no indication in available records that the applicant was awarded the Purple Heart.

5.  The applicant’s name is not among a list of individuals reported as combat casualties on the Vietnam Casualty Roster and a 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 award of the Purple Heart.  There were no medical records available to the Board or provided by the applicant.

6.  The applicant served a second tour of duty in Vietnam with the 319th Artillery between May 1970 and August 1971.  Following his second tour of duty in Vietnam, the applicant was assigned to Fort Campbell, Kentucky, where he remained until his was honorably discharged on 27 September 1978.

7.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the applicant’s 1978 DD Form 214 reflects the following:

	National Defense Service Medal
	Army Commendation Medal
	Vietnam Campaign Medal
	Vietnam Cross of Gallantry w/Palm
	Bronze Star Medal
	Vietnam Service Medal with 1 silver and 2 bronze service stars
	Parachutist Badge
	Two awards of the Army Good Conduct Medal.

8.  In November 1979 officials at the U.S. Army Support Activity in Philadelphia, Pennsylvania issued the applicant a Purple Heart medal but made no mention of the basis for issuing the medal.

9.  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.

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 the 1st Battalion, 92nd Artillery was awarded a Valorous Unit Award for the period 4 May 1969 to 28 June 1969 by Department of the Army General Order Number 48, dated 1971 and the Republic of Vietnam Gallantry Cross Unit Citation with Palm for the period 1 August 1965 to 16 April 1971 by Department of the Army General Order 54, dated 1974.  While the applicant was assigned to the 3rd Battalion, 319th Artillery, that unit was awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm for the period 
5 May 1969 through 26 September 1970 by Department of the Army General Order 43, dated 1972.  That same unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 15 April 1969 through 16 March 1971 by Department of the Army General Order Number 5, dated 1973.

11.  Paragraph 6 of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) states that not more than one Republic of 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.  

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant’s records do not contain any evidence showing he was ever awarded the Purple Heart, and his name is not among the listing of 


individuals reported as combat casualties during the Vietnam War, the statement in his Army Commendation Medal with “V” device and his patient status in Japan is sufficiently compelling evidence to conclude the applicant is entitled to an award of the Purple Heart and his records should be corrected accordingly.

2.  The evidence also shows that the applicant’s Army Commendation Medal was awarded for heroism although the “V” device was omitted from the entry on his 1978 DD Form 214.  In the interest of equity and justice, it would be appropriate to correct his DD Form 214 to show his Army Commendation Medal was awarded with a “V” device.

3.  The applicant is also entitled to a Valorous Unit Award, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and two awards of the Republic of Vietnam Gallantry Cross Unit Citation with Palm.  His 1978 DD Form 214 should be amended to include those decorations.

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 as a result of hostile action on 13 May 1969 while in Vietnam;

	b.  deleting the Army Commendation Medal on his 1978 DD Form 214 and replacing it with the Army Commendation Medal with “V” device; and

	c.  amending his 1978 DD Form 214 to include the Purple Heart, a Valorous Unit Award, the Republic of Vietnam Civil Actions Honor Medal First Class Unit 


Citation, and two awards of the Republic of Vietnam Gallantry Cross Unit Citation with Palm.




      _______ _   ___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)                                         AR20090016590





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ABCMR Record of Proceedings (cont)                                         AR20090016590



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