IN THE CASE OF:	  

		BOARD DATE:	  15 June 2010

		DOCKET NUMBER:  AR20090021152 


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 his Purple Heart is not shown his DD Form 214 and he would like his records corrected.

3.  The applicant provides a copy of his DD Form 214.

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 that on 21 February 1968 he enlisted in the Regular Army for a period of 2 years.  Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  A copy of the applicant's DA Form 20 (Enlisted Qualification Record) shows he was assigned to Company E, 4th Battalion, 30th Infantry, 11th Infantry Brigade, in Vietnam from 4 August 1968 through 2 August 1969.  He was honorably released from active duty on 27 March 1970 by reason of expiration of term of service after serving for a total of 1 year, 11 months, and 29 days of active service.  He was transferred to the U.S. Army Reserve Control Group (Annual), St. Louis, MO.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, Combat Infantryman Badge, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), Second Class Gunner Badge (M-60), and two overseas service bars.

5.  A review of the Awards and Decorations Computer-Assisted Retrieval System, 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, failed to reveal any orders for the Purple Heart pertaining to the applicant.

6.  The applicant's name appears on the Vietnam casualty roster with an entry of receiving battle wounds from hostile action on 27 January 1969.

7.  A review of the applicant's records indicates entitlement to an additional award that is not shown on his DD Form 214.

8.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation for service in the RVN to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards and campaign periods for the Vietnam era.  Four designated campaigns coincide with the applicant's period of service in the RVN:

* Vietnam Counteroffensive Phase V
* Vietnam Counteroffensive Phase VI


* Tet 69 Counteroffensive
* Vietnam Summer-Fall 1969

10.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is awarded for each campaign listed in appendix B.  Authorized bronze service stars will be worn on the appropriate service medal.

11.  Army Regulation 600-8-22 states 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his record be corrected by awarding him the Purple Heart is supported by the evidence.

2.  An extract of the Vietnam casualty roster shows the applicant was wounded as a result of hostile action on 27 January 1969 which required hospitalization.  The location of his wounds is not known.  Based on this entry, there is sufficient evidence to show he met the requirements and is entitled to correction of his records to show award of the Purple Heart.

3.  General orders awarded the applicant's unit the RVN Gallantry Cross with Palm Unit Citation which is not shown on his records.  He is entitled to correction of his records to show this unit award.

4.  The applicant was awarded the Vietnam Service Medal.  His records show he participated in four campaigns while serving in the RVN.  He is entitled to award of four bronze service stars for wear on the 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 wounds received on 27 January 1969 and

	b.  adding to item 24 of his DD Form 214 the:

* Purple Heart
* RVN Gallantry Cross with Palm Unit Citation
* four bronze service stars to be affixed to the previously-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)                                         AR20090021152



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ABCMR Record of Proceedings (cont)                                         AR20090021152



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