IN THE CASE OF:	  

		BOARD DATE:	    27 July 2010

		DOCKET NUMBER:  AR20100000994 


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 DD Form 214 does not show award of the Purple Heart.

3.  The applicant provides a copy of the following documents:

* a letter from the National Personnel Records Center (NPRC), St. Louis, MO, dated 7 December 2009
* his DD Form 214 for the period ending 18 April 1970
* his DD Form 4 (Enlistment Contract - Armed Forces of the United States), dated 18 April 1968
* his DA Form 20 (Enlisted Qualification Record), last reviewed on 24 April 1968
* a Standard Form (SF) 603 (Health Record - Dental)
* his reenlistment SF 88 (Report of Medical Examination), dated 18 April 1968.

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 18 April 1968, the applicant enlisted in the Regular Army.  He completed his initial training and he was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  On or about 20 January 1969, the applicant departed Fort Benning, GA, for duty in the Republic of Vietnam.

4.  On 1 March 1969, the applicant was assigned for duty as a rifleman with 
A Company, 6th Battalion, 31st Infantry Regiment, in the Republic of Vietnam.

5.  General Orders Number 89, issued by Headquarters, 3rd Surgical Hospital (Mobile Army), dated 24 March 1969, awarded the applicant the Purple Heart for wounds received in connection with military operations against a hostile force in the Republic of Vietnam on 23 March 1969.

6.  On 8 April 1969, the applicant was medically evacuated to the Medical Holding Company, Valley Forge General Hospital in Pennsylvania.  On 11 July 1969, he was reassigned to Fort Knox, KY.  He was subsequently assigned duties as a light vehicle driver.

7.  On 18 April 1970, the applicant was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He had attained the rank/grade of specialist four (SP4)/E-4 and had completed 2 years of creditable active duty service.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Army Medal Good Conduct Medal, Combat Infantryman Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.


9.  The applicant's DA Form 20 shows:

	a.  in Item 40 (Wounds), the entry "GSW (R) Arm, 23 May 69" [indicating gunshot wound, right arm, on 23 March 1969]; and

	b.  in Item 41 (Awards and Decorations) the Purple Heart, as well as the same awards already shown on his DD Form 214.

10.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the Tet 69 Counteroffensive, 1969 campaign that extended from 23 February 1969 - 8 June 1969.

11.  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 6th Battalion, 31st Infantry Regiment, during the time of the applicant's assignment, was cited in general orders for the following awards:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January - June 1969, by Department of the Army General Orders (DAGO) 59, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 - 28 June 1969, by DAGO 59, dated 1969

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart.

2.  General orders awarded the applicant the Purple Heart for wounds received as a result of hostile force in the Republic of Vietnam on 23 March 1969.  Therefore, his DD Form 214 should be corrected to show this award.

3.  Records show that the applicant participated in one campaign period during his service in the Republic of Vietnam.  Therefore, he is eligible for one bronze service star for wear on 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 DD Form 214 should be corrected to show these foreign unit awards.

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 24 of his DD Form 214 the Vietnam Service Medal, and

   b.  adding to item 24 of his DD Form 214 the Purple Heart, Vietnam Service Medal with one bronze service star, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20100000994



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)