DOCKET NUMBER:  AR20100019361 


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 the Purple Heart be added to his DD Form 214 (Report of Transfer or Discharge).  

2.  The applicant states:

* He did not stay in one station too long after he got wounded
* The Army didn't issue the Purple Heart or show it on his DD Form 214 at the time of his separation in 1969
* He was awarded the Purple Heart 17 years later

3.  The applicant provides:

* Photograph
* DD Form 214
* DA Form 1577 (Authorization for Issuance of Awards), dated 21 February 1985
 
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 was inducted into the Army of the United States on 18 October 1967.  He served as a combat engineer assigned to Company A, 19th Engineer Battalion in Vietnam from 22 March 1968 to 24 May 1968.  On 28 October 1969, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.

3.  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, Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), and Expert Marksmanship Qualification Badge with Rifle Bar (M-16) as authorized awards. 

4.  There are no orders for the Purple Heart in the available records.  However, item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows he was wounded on 12 May 1968 (multiple fragment wounds to all extremities).

5.  A letter, dated 29 May 1968, from Headquarters, Brooke Army Medical Center, states "EM [enlisted member] was medically evacuated from Vietnam for injuries received as a result of hostile action and admitted to this hospital on 
26 May 1968." 

6.  A clinical record, dated 18 October 1968, states he received multiple fragment wounds to both lower extremities on 12 May 1968 in Vietnam.

7.  The Vietnam Casualty Roster shows he was wounded on 12 May 1968.  

8.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for award of the Purple Heart.

9.  Records show he participated in two campaigns during his assignment in Vietnam.
 

10.  Department of the Army General Orders (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.  A DA Form 1577, dated 21 February 1985, shows he was issued the Purple Heart.

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

13.  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.

14.  Army Regulation 600-8-22 authorizes a bronze service star based on qualifying service for each campaign listed in appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, including the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The entry in item 40 of his DA Form 20 and on the Vietnam Casualty Roster which show he was wounded on 12 May 1968 are accepted as sufficient evidence on which to add the Purple Heart to his DD Form 214.

2.  Since he qualified for award of the Vietnam Service Medal and was evacuated from Vietnam prior to completing 6 months of service due to wounds resulting from hostile action, he is eligible for the Republic of Vietnam Campaign Medal with Device (1960).  His DD Form 214 should be corrected to show this medal.   
3.  He participated in two campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with two bronze service stars.  Therefore, his DD Form 214 should be corrected to show this award.

4.  DAGO Number 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 adding the Purple Heart, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars for wear on his already-awarded Vietnam Service Medal to item 24 of his DD Form 214.




      _______ _   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)                                         AR20100019361





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ABCMR Record of Proceedings (cont)                                         AR20100019361



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