IN THE CASE OF:	  

		BOARD DATE:	  6 May 2010

		DOCKET NUMBER:  AR20090018769 


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 was wounded (shrapnel in his chest) while on a mission.  He was treated for those wounds in a field hospital.  The applicant adds that he has met people with less serious wounds and they were awarded the Purple Heart.

3.  The applicant does not provide any additional documents.

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 military records show he was inducted into the Army of the United States on 8 August 1967 and he was awarded the military occupational specialty of light weapons infantryman.  

3.  The applicant served in Vietnam from 12 January 1968 to 11 March 1969.  He served with Company A, 2nd Battalion, 47th Infantry, 9th Infantry Division from 25 January 1968 until he returned to the United States.  Pay grade E-5 was the highest grade that he achieved.

4.  While in Vietnam, he was awarded the Army Commendation Medal for Valor by General Orders Number 9510, dated 30 September 1968.

5.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 40 (Wounds) shows "FW (R) SHOULDER 11 JAN 69" (Fragment Wound Right Shoulder 11 January 1969).

6.  The applicant's name is not listed on the Vietnam Casualty Roster.

7.  The applicant was honorably released from active duty on 13 March 1969.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued shows he was awarded the Army Commendation Medal but it does not indicate the award was for Valor.  It also shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Bronze Star Medal, and the Combat Infantryman Badge.

8.  Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, shows that the applicant's unit was awarded the: 

   a.  Valorous Unit Award for action on 31 January 1968, by Department of the Army General Order (DAGO) 5, dated 1969; 

   b.  A second Valorous Unit Award for the period 6 to 12 May 1968, by DAGO 43, dated 1970; and

   c.  The Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 28 June 1969, by DAGO 59, dated 1969.  

9.  That publication also shows the pertinent identified campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  The applicant was assigned to Vietnam during the:  

   a.  Counteroffensive Phase III (1 July 1966 through 29 January 1968);
   b.  Tet (30 January 1968 through 1 April 1968); 
   
   c.  Counteroffensive Phase IV (2 April 1968 through 30 June 1968);

   d.  Counteroffensive Phase V (1 July 1968 through 1 November 1968); 

   e.  Counteroffensive Phase VI (2 November 1968 through 22 February 1969); and 

   f.  Tet 69 Counteroffensive (23 February 1969 through 8 June 1969).

10.  Department of the Army General Order Number 8, dated 1974, awarded all personnel assigned to the United States Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

11.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for wounds 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 a medical officer, and the medical treatment must have been made a matter of official record.

12.  Army Regulation 600-8-22 authorizes, in pertinent part, award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation.  The regulations state that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.  A silver service star is worn in lieu of five bronze service stars.  Bronze service stars are also issued to denote subsequent awards of decorations.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant's name is not listed on the Vietnam Casualty Roster, his personal and unit awards indicate he and his unit were heavily engaged with the enemy.  Therefore, the entry on his DA Form 20 that confirms that he suffered a fragment wound as a result of hostile action on 11 January 1969 is accepted as sufficient to show he is entitled to the Purple Heart and to have this decoration added to his DD Form 214.

2.  While the applicant's DD Form 214 shows that he was awarded the Army Commendation Medal, it does not show that it was for Valor.  It would now be appropriate to correct that entry to show the award was for Valor. 

3.  Based on the applicant's service in Vietnam, he is entitled to the Valorous Unit Award with Oak Leaf Cluster, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one silver and one bronze service star to be affixed to his already authorized 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 all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the Purple Heart for fragment wounds suffered in Vietnam on 11 January 1969;

	b.  deleting from his DD Form 214 the Army Commendation Medal;

	c.  adding to his DD Form 214 the Purple Heart, Army Commendation Medal for Valor, Valorous Unit Award with Oak Leaf Cluster, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one silver and one bronze service star to be affixed to his already authorized Vietnam Service Medal; and

	d.  providing the individual a document to show the above corrections.




      _______ _   _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)                                         AR20090018769



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ABCMR Record of Proceedings (cont)                                         AR20090018769


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