IN THE CASE OF:	  

		BOARD DATE:	    20 April 2010

		DOCKET NUMBER:  AR20090017064 


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, in effect, correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart, the National Defense Service Medal, an unspecified unit citation, and four bronze service stars to be affixed to his Vietnam Service Medal. 

2.  The applicant states that his DD Form 214 is incomplete and does not reflect his medals/citations.  He contends that he is a Vietnam veteran who served his country and deserves to have the medals he earned on his DD Form 214. 
 
3.  The applicant provides a letter, dated 6 December 1984, from the Office of the Adjutant General to his mother; letters, dated 3 January 1985 and 25 February 1985, from the U.S. Army Reserve Components Personnel and Administration Center, St. Louis, Missouri to his mother in support of his 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 was inducted into the Army of the United States on 20 October 1966.  He arrived in Vietnam on 8 January 1968.  He served as a medical specialist assigned to the 433rd Medical Detachment in Vietnam from 14 January 1968 to 12 October 1968.  On 12 October 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

3.  The applicant’s DD Form 214 shows the "NDSM" [National Defense Service Medal], the Good Conduct Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Aircraft Crewman Badge, one award of the Overseas Service Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar as authorized awards.  Since the applicant's DD Form 214 shows the National Defense Service Medal as an authorized award, this portion of his request will not be discussed further in these proceedings.

4.  There are no orders for the Purple Heart in the available records.  

5.  The applicant's DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Purple Heart and item 40 (Wounds) on this form is blank.  The applicant's name does not appear on the Vietnam Casualty Roster.

6.  A DD Form 1380 (U.S. Field Medical Card), dated 5 August 1968, shows the applicant was treated for a left forearm abrasion incurred as a result of hostile action in Vietnam.  

7.  In support of his claim for award of the Purple Heart, the applicant submitted a letter, dated 3 January 1985, from the U.S. Army Reserve Components Personnel and Administration Center in St. Louis, Missouri to his mother.  This letter states, in pertinent part, that "The U.S. Army Support Activity has been notified to forward the Purple Heart, Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with four Bronze Service Stars, Republic of Vietnam Campaign Ribbon with Device (1960), Aircraft Crewman Badge and the Sharpshooter Badge with Rifle Bar to your son, Mr. [applicant's name]." 

8.  Records show the applicant participated in four campaigns during his assignment in Vietnam.

9.  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 at the time of the applicant's assignment, the 433rd Medical Detachment was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 46, dated 1969.  

10.  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.

11.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star based on qualifying service for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, including the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The DD Form 1380 which shows the applicant was treated for a left forearm abrasion incurred as a result of hostile action on 5 August 1968 in Vietnam is accepted as sufficient evidence on which to base award of the Purple Heart in this case.

2.  The applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show this unit citation.

3.  The applicant participated in four campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with four bronze service stars.  Therefore, his DD Form 214 should be corrected to show this award.

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 received in action on 5 August 1968 in Vietnam; and
   
   b.  adding the Purple Heart, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four bronze service stars for wear on his already-awarded Vietnam Service Medal on his DD Form 214.





      ___________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)                                         AR20090017064





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ABCMR Record of Proceedings (cont)                                         AR20090017064



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