IN THE CASE OF:	  

		BOARD DATE:	  24 August 2010

		DOCKET NUMBER:  AR20100018435 


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 (Report of Transfer or Discharge) to show award of the Purple Heart.

2.  The applicant states:

* he received the Purple Heart in 1969 but it was never recorded on his DD Form 214
* on 26 January 1969, while serving with Company D, 1st Battalion of the 5th Division, an enemy mine exploded in his vicinity wounding him and four other infantry members
* as a result of the explosion shrapnel was throughout his body
* upon being wounded he was initially treated at a field hospital in Vietnam
* after 1 or 2 days he was transferred to a hospital ship and then to a military hospital in Japan

3.  The applicant provides a copy of:

* his DD Form 214 for the period ending 2 May 1969
* his Honorable Discharge Certificate from the U.S. Army Reserve (USAR)
* a photograph of the Purple Heart medal
* his transfer orders
* Department of Veterans Affairs documentation



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 are not available for review.  However, this case is being considered using reconstructed records which primarily consists of the records provided by the applicant.

3.  The applicant's DD Form 214 shows he was inducted into the Army of the United States on 5 May 1967.  He served as a light weapons infantryman in Vietnam.  On 2 May 1969, he was released from active duty and he was transferred to the USAR Control Group (Reinforcement) to complete his remaining service obligation.

4.  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), Combat Infantryman Badge, and one Overseas Service Bar as authorized awards.

5.  There are no orders for the Purple Heart in the available records.  However, the applicant's name is listed on the Vietnam Casualty Roster under casualty status code 23 [hostile wounded in action - not serious - hospitalized] with a date of casualty as 26 January 1969.

6.  The applicant's inclusive dates of service in Vietnam are not available.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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.

8.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Paragraph 6d states that Department of the Army General Orders (DAGO) 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The entry on the Vietnam Casualty Roster which shows the applicant was wounded as a result of hostile action on 26 January 1969 is accepted as sufficient evidence in which validate his award of the Purple Heart.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  Although the applicant’s inclusive dates of service in Vietnam are not available, evidence of record shows he was wounded in action on 26 January 1969 in Vietnam.  As such, he at least served during one campaign.

2 November 1968 - 22 February 1969.  Therefore, he is entitled to at least one bronze service star for wear on his already-awarded Vietnam Service Medal.

3.  DAGO 8, dated 1974, authorized all units the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the applicant's assignment to Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to add this foreign unit citation.

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, 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)                                         AR20100018435



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ABCMR Record of Proceedings (cont)                                         AR20100018435



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