IN THE CASE OF:	  

		BOARD DATE:	  11 September 2012

		DOCKET NUMBER:  AR20120004431 


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 the Purple Heart (PH) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states his DD Form 214 does not show the PH.

3.  The applicant provides the following documents:

* DD Form 214
* 1st  Indorsement (Headquarters (HQs), 39th Engineer Battalion)
* Department of Veterans Affairs letters with disability rating

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                   19 July 1967.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 12A (Pioneer).  The highest rank/grade he attained while serving on active duty was private first class/E3.

3.  The applicant’s records show he served in the Republic of Vietnam (RVN) with Company C, 39th Engineer Battalion (Combat) during the period                 17 November 1967 to 8 December 1968.

4.  Item 40 (Wounds) of his DA Form 20 shows he sustained multiple fragment wounds to his body (chest, face and back) on 5 September 1968.

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows he was awarded the PH.

6.  The applicant's name is not listed on the Vietnam casualty roster and his Official Military Personnel File (OMPF) is void of any orders that indicated he was ever awarded the PH by proper authority while serving on active duty.

7.  The applicant’s DD Form 214 shows the following awards:

* Vietnam Service Medal with four bronze service stars
* National Defense Service Medal
* Republic of Vietnam Campaign Medal 
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

8.  The applicant's OMPF contains a 3 December 1968 statement from the 39th Engineer Battalion Surgeon which shows on that on16 September 1968 the applicant received flack wounds in the chest and the right side of his face when an enemy mine detonated near him.  He was medically evacuated to the 2nd Surgical Hospital and released on 26 September 1968.  

9.  The applicant’s records contain a USARV Form 157-R (Recommendation for Decoration for Valor or Merit) that shows he was recommended for the PH to include a 1st Indorsement, dated 4 December 1968.

10.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADARS) maintained by the U.S. Army Human Resources Command, 


which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the PH pertaining to the applicant.

11.  The applicant's DD Form 214 shows he was honorably released from active duty on 18 July 1969, and he completed 2 years of total creditable active military service with no lost time.

12.  The applicant provided a copy of 1st Indorsement (HQs, 39th Engineer Battalion (Combat)), dated 8 April 1969, Subject:  The awarding of a Purple Heart, signed by the Adjutant stating the applicant was awarded the PH on Special Orders 69, 45th Engineer Group (Construction), dated 12 December 1968.  

13.  The applicant’s OMPF shows he was awarded the Army Good Conduct Medal (AGCM), on General Orders Number 66, HQs, 1st Armored Division (Old Ironsides), dated 25 June 1969 for exemplary behavior, efficiency and fidelity for the period 19 July 1967 through 18 July 1969.  

14.  Army Regulation 600-8-22 (Military Awards) provides the Army’s awards policy.  Paragraph 2-8 contains guidance on the PH.  It states the PH is awarded to members wounded in action and states that in order to award the PH, there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by military medical personnel, and a record of the medical treatment was made a matter of official record.

15.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) confirms that during the applicant's tenure of assignment in the RVN, the 39th Engineer Battalion was awarded the Meritorious Unit Commendation (MUC) (First Award) for service from 1 January 1966 to 20 January 1968 based on Department of the Army General Orders Number 39, dated 1970 and the MUC (Second Award) for service from 21 January 1968 to 3 February 1970 based on Department of the Army General Orders Number 2, dated 1971.

16.  Department of the Army General Order Number 8, dated in 1974, awarded the RVN Gallantry Cross with Palm Unit Citation to all units in the RVN from        8 February 1962 through 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to add the PH to his DD Form 214 was carefully considered, and it was determined that there is sufficient evidence to support this request.
2.  The evidence of record shows the applicant was wounded on 16 September 1968 as a result of hostile action.  There is a 1st Indorsement, Subject: Recommendation for Award, stating the applicant was awarded the PH.

3.  The applicant’s OMPF shows he was awarded the AGCM.  Therefore, it would be appropriate to correct his DD Form 214 to show this award.

4.  General orders awarded his unit the Meritorious Unit Commendation (two awards) and Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, his DD Form 214 should be corrected to show these 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 adding the following awards to his DD Form 214:

* PH
* AGCM (1st Award) for the period 19 July 1967 through 18 July 1969 
* Meritorious Unit Commendation (two awards)
* 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)                                         AR20120004431



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ABCMR Record of Proceedings (cont)                                         AR20120004431



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