IN THE CASE OF:	  

		BOARD DATE:	    4 May 2010

		DOCKET NUMBER:  AR20090018312 


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, the mother of a deceased former service member (FSM),  requests correction of her late son's DD Form 214 (Report of Separation from Active Duty) to show award of the Purple Heart and any awards and decorations to which he may be entitled.

2.  The applicant states the FSM's DD Form 214 fails to list the Purple Heart and other authorized awards.

3.  The applicant provides:

* three Western Union telegrams
* an award certificate for the Army Commendation Medal
* letter, dated 21 September 2005, from the National Personnel Records Center (NPRC), St. Louis, MO

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 FSM enlisted in the Regular Army on 9 October 1964 for a period of 
3 years.  He arrived in Vietnam on 8 July 1965.  He served as a light weapons infantryman assigned to Company B, 2nd Battalion (Airborne), 327th Infantry in Vietnam from 8 July 1965 through 24 May 1966.  He was assigned to Headquarters and Headquarters Company (HHC), 2nd Battalion (Airborne), 327th Infantry from 25 May 1966 until he was wounded in action on 20 June 1966 and evacuated to the 249th General Hospital, Camp Drake, Japan on
22 June 1966.  He was subsequently transferred to the United States for further treatment on 15 December 1966.  On 13 August 1975, the FSM was discharged under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10, for the good of the service - in lieu of court-martial.

3.  The FSM's DD Form 214 shows the entry "None" in item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).

4.  Headquarters, U.S. Army Infantry Center, Fort Benning, GA, Special Orders Number 63, dated 17 March 1965, awarded the FSM the Parachutist Badge, effective 1 March 1965.

5.  Headquarters, 1st Brigade, 101st Airborne Division, General Order Number 28, dated 14 September 1965, awarded the FSM the Combat Infantryman Badge.

6.  Headquarters, U.S. Army Vietnam, General Orders Number 3837, dated 
15 June 1966, awarded the FSM the Army Commendation Medal for meritorious service in the Republic of Vietnam for the period July 1965 to June 1966.

7.  There are no orders for the Purple Heart in the available records.  However, a Western Union Telegram, dated 3 July 1966, shows the FSM was wounded in Vietnam on 20 June 1966 as a result of hostile action.  The Vietnam Casualty Roster also shows he was wounded in action on 20 June 1966.  

8.  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 during the FSM's assignment to the 2nd Battalion, 327th Infantry his unit was awarded the Meritorious Unit Commendation for the period 29 July 1965 to 1 October 1966 and the Valorous Unit Award for the period 17 January to 25 March 1966, both based on Department of the Army General Orders (DAGO) Number 1, dated 1969.

9.  Department of the Army Pamphlet 672-3 also shows that while the FSM was assigned to HHC, 327th Infantry his unit was awarded the Presidential Unit Citation during the period 19-22 June 1966 based on DAGO Number 73, dated 1968.

10.  DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to
28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

11.  The FSM died on 25 May 2005.

12.  Army Regulation 600-8-22 (Military Awards) provides 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.

13.  Army Regulation 600-8-22 states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  Qualifying service also included temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that the time limit may be waived for personnel participating in actual combat operations.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.  Based on the FSM's service in Vietnam, he was credited with participating in the following campaigns:

* Vietnam Defense Campaign (8 March 1965 - 24 December 1965)
* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)

14.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) 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.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

15.  Army Regulation 600-8-22 states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 
30 November 1995, and 11 September 2001 to a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  The Western Union Telegram and the entry on the Vietnam Casualty Roster which show the FSM was wounded in Vietnam on 20 June 1966 as a result of hostile action are accepted as sufficient evidence on which to base award of the Purple Heart.  Therefore, the FSM is entitled to award of the Purple Heart and correction of his DD Form 214 to show this award.

2.  Orders show the FSM received the Army Commendation Medal, Parachutist Badge, and Combat Infantryman Badge.  Therefore, his DD Form 214 should be corrected to show these awards.

3.  Based on the FSM's service in Vietnam, he is entitled to award of the Vietnam Service Medal with two bronze service stars and the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show these awards.

4.  The FSM's unit (2nd Battalion, 327th Infantry) was awarded the Valorous Unit Award and Meritorious Unit Commendation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show these unit awards.

5.  The FSM's unit (HHC, 327th Infantry) was awarded the Presidential Unit Citation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show this unit citation.

6.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The FSM served in Vietnam during a qualifying period and is eligible for this award.  Therefore, it would be appropriate to add this foreign unit award to his DD Form 214.

7.  The FSM served a period of qualifying service for award of the National Defense Service Medal.  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.  deleting from item 26 of the FSM's DD Form 214 the entry "None";

	b.  posthumously awarding the FSM the Purple Heart for wounds received in action on 20 June 1966 in Vietnam;

	c.  issuing the Purple Heart to the applicant; and

	d.  adding to item 26 of the FSM's DD Form 214 the Purple Heart, Army Commendation Medal, National Defense Service Medal, Parachutist Badge, Combat Infantryman Badge, Vietnam Service Medal with three bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Valorous Unit Award, Meritorious Unit Commendation, Presidential Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.



      _______ _  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)                                         AR20090018312



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ABCMR Record of Proceedings (cont)                                         AR20090018312



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