IN THE CASE OF:	

		BOARD DATE:	  2 March 2010

		DOCKET NUMBER:  AR20090016770 


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 that he was wounded in action in the Republic of Vietnam but the Purple Heart is not listed on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 for the period ending 20 June 1968 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.  The applicant's records show he was inducted into the Army of the United States and entered active service on 21 June 1966.  He completed basic combat and advanced individual training and he was initially awarded military occupational specialty 11B (Light Weapons Infantryman).  He was later awarded MOS 63H (Engineering and Powertrain Repairman).  On 20 June 1968, he was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 and he was transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his Reserve obligation.

3.  The applicant's records show that he served in the Republic of Vietnam from on or about 29 November 1966 to on or about 25 November 1967.  He was assigned to Company C, 4th Battalion, 9th Infantry.

4.  Item 26 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60), the Vietnam Service Medal, the Vietnam Campaign Medal with "1960" Device, the National Defense Service Medal, the Combat Infantryman Badge, two overseas service bars, and the Army Commendation Medal.  Item 24 does not show award of the Purple Heart.

5.  Item 40 (Wounds) of the applicant's DD Form 214 shows the entry "Gsw: Scalp" indicating he sustained a gunshot injury to his scalp.  The date of this injury is listed as 20 September 1967.

6.  The applicant's name is shown on the Vietnam Casualty Roster with a code "23," which indicates he was wounded in action.  The date of his injury is listed as 20 September 1967. 

7.  The applicant's Report of Medical History and Report of Medical Examination, dated 25 April 1968, show the applicant sustained a bullet injury to his scalp while serving in the Republic of Vietnam.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during the time of the applicant's assignment to the 4th Battalion, 9th Infantry, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from April 1966 to August 1968, based on Department of the Army General Orders Number 48, dated 1971, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 30 April 1966 to 21 January 1967 based on Department of the Army General Orders Number 51, dated 1971.

10.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that during the applicant's tenure of service in the Republic of Vietnam he participated in the following campaigns:  the Vietnam Counteroffensive, Phase II (1 July 1966 to 31 May 1967) and the Vietnam Counteroffensive, Phase III (1 June 1967 to 29 January 1968).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart.

2.  The evidence of record shows while assigned to the Republic of Vietnam the applicant sustained a gunshot wound to his scalp as a result of hostile action, on 20 September 1967.  He was treated by military medical personnel, and his treatment was made a matter of official record.  Additionally, his name appears on the Vietnam Casualty Roster as having been wounded as a result of hostile action on 20 September 1967.  Therefore, there is sufficient evidence to show he is entitled to award of the Purple Heart and correction of his records to show this award.

3.  General orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to 
2 bronze service stars to be affixed to 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 the DD Form 214 of the individual concerned be corrected by:

	a.  awarding the applicant the Purple Heart for wounds received in action on 20 September 1967 in the Republic of Vietnam; and

	b.  adding to his DD Form 214 the Purple Heart, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two bronze service stars to be affixed to his already-awarded Vietnam Service 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)                                         AR20090016770



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ABCMR Record of Proceedings (cont)                                         AR20090016770



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