IN THE CASE OF:	  

		BOARD DATE:	  16 March 2010

		DOCKET NUMBER:  AR20090016724 


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 he be awarded the Purple Heart.

2.  The applicant states he sustained a fragment wound from an enemy mortar on 25 May 1968 and notes that the Purple Heart is not annotated on his 1968 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides a copy of his 1968 DD Form 214 and a copy of an undated newspaper article attesting to his combat wound.

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 was inducted into the Army of the United States on 9 August 1966.  Following completion of training, the applicant was assigned to the 1st Battalion, 502nd Infantry, at Fort Campbell, Kentucky.  In December 1967 the applicant was reassigned to Vietnam as part of a unit reassignment.

3.  A Western Union telegram, dated 28 May 1968, confirms the applicant sustained a wound to his right shoulder on 25 May 1968 when he was hit by fragments from a hostile mortar round.  The telegram states the applicant was on a combat operation at the time and was treated and returned to duty.  There is no indication the applicant was ever awarded the Purple Heart.

4.  The copy of the undated newspaper article provided by the applicant in support of his request for award of the Purple Heart is consistent with the information contained in the Western Union telegram.

5.  The applicant's record also contains a letter authorizing him to accept and wear the "Gallantry Cross with Bronze Star" presented by the Government of the Republic of Vietnam.

6.  On 20 July 1968 the applicant departed Vietnam and on 26 July 1968 was released from active duty with an honorable characterization of service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his 1968 DD Form 214 reflects the following:

* CIB (Combat Infantryman Badge)
* NDSM (National Defense Service Medal)
* VSM (Vietnam Service Medal)
* VCM (Republic of Vietnam Campaign Medal)

7.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam.  During the applicant's tour in Vietnam he participated in four campaigns:  Vietnam Counteroffensive Phases III, IV, and V, and Tet Counteroffensive.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders (DAGO) Number 21, dated 1969.

9.  Department of the Army Pamphlet 672-3 also shows that DAGO 48, dated 1971, announced award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 through 2 May 1970 to the 1st Battalion, 502nd Infantry.

DISCUSSION AND CONCLUSIONS:

1.  Although there are no orders available which confirm the applicant's award of the Purple Heart, the Western Union telegram contained in his official military personnel file is sufficient to confirm the applicant was wounded as a result of hostile action in Vietnam on 25 May 1968 and as such, should be awarded the Purple Heart.

2.  The evidence also confirms the applicant was authorized to accept and wear the Republic of Vietnam Gallantry Cross with Bronze Star as an individual decoration but the award was omitted from this DD Form 214.  It should be added to his 1968 DD Form 214.

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

4.  The evidence also confirms the applicant is entitled to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  His DD Form 214 should be corrected to add these 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 on 25 May 1968 as a result of hostile actions 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 four bronze service stars, Republic of Vietnam Gallantry Cross with Bronze Star, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal.



      ___________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)                                         AR20090016724



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ABCMR Record of Proceedings (cont)                                         AR20090016724



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