IN THE CASE OF:	  

		BOARD DATE:	    27 April 2010

		DOCKET NUMBER:  AR20090017599 


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 and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this.

2.  The applicant states that he was wounded in his left foot while in the Republic of Vietnam.  As a result he was medically evacuated and was never issued a Purple Heart.

3.  The applicant provides copies of his DD Form 214 and pages 3 and 4 of his DA Form 20 (Enlisted Qualification Record).

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.  On 7 September 1967, the applicant enlisted in the Regular Army for 3 years. He was ordered to Fort Lewis, Washington, for his initial training.  Upon completion of basic combat training he was assigned for advanced individual training (AIT) in military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  Special Orders Number 284, Headquarters, U.S. Army Training Center Infantry, Fort Lewis, Washington, dated 20 October 1967, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar.

4.  On or about 3 January 1968, the applicant was absent without leave (AWOL).  He remained AWOL until on or about 13 February 1968.  Upon his return he accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice, for AWOL.  The punishment included a forfeiture of $50.00 pay per month for 2 months and 30 days of restriction and extra duty.

5.  On 18 February 1968, the applicant was reenrolled in AIT.

6.  Special Orders Number 82, Headquarters, U.S. Army Training Center Infantry and Fort Lewis, Fort Lewis, Washington, dated 23 March 1968, awarded the applicant the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.

7.  The applicant completed AIT on or about 20 April 1968 and was awarded MOS 11B.  He subsequently departed Fort Lewis for duty in the Republic of Vietnam.

8.  On 16 May 1968, the applicant was assigned for duty as a rifleman with Company B, 4th Infantry Battalion, 39th Infantry Regiment, 9th Infantry Division.

9.  Special Orders Number 204, Headquarters, 9th Infantry Division, dated 22 July 1968, awarded the applicant the Combat Infantryman Badge.

10.  U.S. Army Vietnam casualty message, date/time group 181847Z December 1968, notified the Department of the Army Casualty Division that the applicant had been wounded on that same day while on a reconnaissance mission.  He was hit by fragments from a hostile booby trap.  He was not seriously wounded but required hospitalization.

11.  The Vietnam casualty roster shows that the applicant was wounded in action on 18 December 1968.

12.  Item 40 (Wounds) of the applicant's DA Form 20 states that he received shrapnel wounds to his legs and left foot on 18 December 1968.

13.  General Orders Number 172, Headquarters, 9th Infantry Division, dated 5 January 1969, awarded the applicant the Army Commendation Medal for heroism.  The applicant distinguished himself on 18 December 1968 while serving s a rifleman on a reconnaissance mission.  He courageously volunteered to join the point element and lead the way across an area which had been heavily mined by the enemy.  He was wounded by the explosion of a mine while moving through dense undergrowth.

14.  On 24 January 1969, the applicant was medically evacuated to Letterman General Hospital, San Francisco, California.  On 11 March 1969, he departed the hospital for assignment at Fort Carson, Colorado.

15.  On 1 April 1969, the applicant was assigned for duty as a rifleman with the 3rd Battalion, 10th Infantry Regiment at Fort Carson.

16.  On 25 June 1969, the applicant was released from active duty due to a family hardship.  He had attained the rank of private first class, pay grade E-3 and had completed 1 year, 8 months, and 15 days of creditable active duty.

17.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Air Medal, and Army Commendation Medal with "V" Device.

18.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal any orders awarding the applicant the Purple Heart.  ADCARS is an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command.

19.  Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart to a member of the Armed Force or any civilian national of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the United States.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

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

21.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following three campaign periods:  the Vietnam Counteroffensive Phase IV, the Vietnam Counteroffensive Phase V, and the Vietnam Counteroffensive Phase VI.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

22.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 4th Battalion, 39th Infantry Regiment, during the time of the applicant's assignment was cited in Department of the Army General Orders (DAGO) Number 31, dated 1969, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and in DAGO Number 59, dated 1969, for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

23.  Army Regulation 600-8-22 provides for award of the Republic of Vietnam Campaign Medal with Device (1960).  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded the Purple Heart and that his DD Form 214 should be corrected to show this award.

2.  The evidence of record clearly shows the applicant was wounded as a result of hostile action, that the wound required medical treatment, and the medical treatment was made a matter of official record.  Therefore, he should be awarded the Purple Heart and his DD Form 214 corrected to show this award.

3.  Records show the applicant participated in three campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.



4.  The applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards.

5.  Special orders show the applicant was awarded the Combat Infantryman Badge and the Marksman Marksmanship Qualification Badge with Rifle and Automatic Rifle Bars.  Therefore, his records should be corrected to show these badges.

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 18 December 1968;

	b.  deleting from his DD Form 214 the Vietnam Service Medal and Republic of Vietnam Campaign Medal; and



	c.  showing that in addition to the awards shown on his DD Form 214 his authorized awards include the Purple Heart, Vietnam Service Medal with three bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Combat Infantryman Badge, and the Marksman Marksmanship Qualification Badge with Rifle and Automatic Rifle Bars.



      _______ _   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)                                         AR20090017599



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ABCMR Record of Proceedings (cont)                                         AR20090017599



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