IN THE CASE OF:  

		BOARD DATE:  6 March 2014

		DOCKET NUMBER:  AR20130011647 


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

2.  The applicant states his Purple Heart was not included on his DD Form 214 and he is receiving compensation from the Department of Veterans Affairs (VA) for his shrapnel wound.

3.  The applicant provides a copy of his DD Form 214 and VA Rating Decision.

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 on 11 March 1968.  He completed his basic training and his advanced individual training as a light weapons infantryman before being transferred to Vietnam on 25 August 1968 for assignment to the 4th Battalion, 39th Infantry Regiment, 9th Infantry Division.

3.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows that on 10 December 1968 he sustained shrapnel wounds to the left shoulder.  A review of his records failed to reveal orders awarding him the Purple Heart and his name is not contained on the Vietnam casualty listing.

4.  He was promoted to the rank of sergeant on 1 June 1969.  On 8 July 1969, General Orders Number 9348 issued by Headquarters, 9th Infantry Division awarded him the Bronze Star Medal for meritorious service.

5.  He served in four campaigns and departed Vietnam on 18 July 1969 for assignment to Fort Riley, Kansas where he remained until he was honorably released from active duty (REFRAD) on 12 March 1970 due to the expiration of his term of service.  He had served 2 years of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Army Commendation Medal with one Oak Leaf Cluster, and the Combat Infantryman Badge.

6.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, unit decorations, and similar devices awarded in recognition of accomplishments.

	a.  The Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify 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.

	b.  A bronze service star is authorized the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, he participated in four campaigns.  

7.  Army Regulation 600-200, chapter 9 of the version in effect at the time, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 4th Battalion, 39th Infantry Regiment was cited 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 during the period the applicant served with the unit.

DISCUSSION AND CONCLUSIONS:

1.  Although there are no orders contained in the available records, the fact that an entry showing he was wounded in Vietnam is present in his records, is sufficient to presume that he was in fact awarded the Purple Heart.  Accordingly, it should be entered on his DD Form 214 at this time.

2.  The applicant was awarded the Bronze Star Medal and that award was also omitted from his DD Form 214 at the time of his REFRAD.  Accordingly, it should also be added at this time. 

3.  The applicant served during four campaigns in Vietnam and he is entitled to wear four bronze service stars on his already-awarded Vietnam Service Medal and to have them added to his DD Form 214.

4.  Additionally, the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period the applicant served with the unit.  Accordingly, these awards should also be added to his DD Form 214.

BOARD VOTE:

____X___  ____X___  ___X__ _  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  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 the award of the Vietnam Service Medal from his DD Form 214.

   b.  Adding the awards of the Vietnam Service Medal with four bronze service stars, Purple Heart, Bronze Star Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit citation to his DD Form 214.

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _  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)                                         AR20130011647



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ABCMR Record of Proceedings (cont)                                         AR20130011647



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