BOARD DATE:	  31 October 2013

		DOCKET NUMBER:  AR20130005505 


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

2.  The applicant states during his tour in the Republic of Vietnam (RVN) he was wounded by enemy mortar fire and was awarded the PH, but it is not listed on his DD Form 214.

3.  The applicant provides:

* DD Form 214
* Department of Veterans Affairs (VA) award certificate
* VA Form 21-6782 (Original Disability Compensation)
* VA Form 21-22a (Appointment of Individual as Claimant’s Representative

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 22 May 1968 and completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman). 

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the following awards:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device 1960
* Two Overseas Service Bars
* Vietnam Service Medal with 2 Bronze Service Stars
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

4.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 13 December 1968 to
12 December 1969.  Item 38 (Record of Assignments) of his DA Form 20 shows he was assigned to the 304th Supply and Service Company  during the period 17 December 1968 to 10 December 1969.  

5.  Item 40 (Wounds) of his DA Form 20 does not show he sustained wounds while serving in the RVN.  However, his records contained a Western Union Message dated 20 December 1969, which stated he sustained fragment wounds to the left foot and both legs as a result of hostile action.

6.  The applicant was honorably released from active duty on 21 May 1970 in the rank/grade of private first class/E-3 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.

7.  The applicant's record does not contain official orders awarding him the PH and his name is not listed on the Vietnam casualty roster.

8.  Army Regulation 600-8-22 (Military Awards) states the PH is awarded for a wound sustained while in action against and enemy or 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.

9.  Army Regulation 600-8-22 states a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of campaigns and shows that during the applicant’s tenure of assignment in the RVN, participation credit was granted for the following four campaigns for the periods indicated:

* Vietnam Counteroffensive Phase VI (2 November 1968 through 22 February 1969)
* TET 69 Counteroffensive (23 February 1969 through 8 June 1969)
* Vietnam Summer-Fall 1969 (9 June 1969 through 31 October 1969)
* Vietnam William-Spring 1970 (1 November 1969 through 30 April 1970)

10.  Department of the Army General Orders 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.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during the applicant's tenure of assignment in the RVN, his unit was cited for the Meritorious Unit Commendation for the period 1 June 1969 through 31 May 1970 by DAGO Number 48, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show his award of the PH was carefully considered and determined to have merit.

2.  The applicant’s record contains a Western Union Message which shows he sustained fragment wounds to his left foot and both legs in Vietnam.  It also shows he was wounded as a result of hostile action, he required medical treatment, and it was made a matter of record.  Therefore, he is entitled to correction of his records to show award of the PH.

3.  The applicant's records show he was awarded the VSM.  He participated in four campaigns while serving in the RVN; therefore, he is entitled to four bronze service stars to be affixed to his already-awarded VSM.

4.  General orders awarded all units in the RVN the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his records.  Therefore, he is entitled to correction of his records to show this unit award.

5.  General orders awarded his unit the Meritorious Unit Commendation which is not shown on his records.  Therefore, he is entitled to correction of his records to show this unit award.

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:

* Purple Heart
* Vietnam Service Medal with four bronze service stars
* Meritorious Unit Commendation
* 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)                                         AR20130005505





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ABCMR Record of Proceedings (cont)                                         AR20130005505



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