IN THE CASE OF: BOARD DATE: 6 January 2011 DOCKET NUMBER: AR20100018102 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 he be awarded the Purple Heart for wounds received in action in Vietnam on 15 October 1966. 2. The applicant states that he received fragmentation wounds to the back and neck when a fellow Soldier stepped on a land mine on 15 October 1966 and was killed in action. He goes on to state that he was hospitalized for 2 days and never received the Purple Heart. 3. The applicant provides: * A copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * A copy of his Department of Veterans Affairs (VA) compensation rating * A listing of Soldiers who lost their lives in Vietnam with his unit * A statement from a fellow Soldier attesting to his wounds 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 in Detroit, Michigan on 4 February 1966. He completed his basic training at Fort Knox. Kentucky and his advanced individual training as a light weapons infantryman at Fort Ord, California before being transferred to Vietnam on 26 July 1966 for assignment to Company D, 12th Cavalry Regiment, 1st Cavalry Division. He was advanced to the pay grade of E-3 (PFC) on 28 July 1966. 3. On 15 October 1966 he sustained fragmentation wounds to the head and back and is listed on the Vietnam Casualty Listing. 4. He was advanced to the pay grade of E-4 on 10 April 1967 and he departed Vietnam on 23 July 1966 for assignment to Fort Hood, Texas where he remained until he was honorably released from active duty (REFRAD) on 8 February 1968 due to the expiration of his term of service (ETS). He had served 2 years of total active service with 5 days of lost time and his DD Form 214 issued at the time of his REFRAD reflects that he was awarded the Combat Infantryman Badge, the National Defense Service Medal, the Republic of Vietnam Campaign Medal, the Vietnam Service Medal with two bronze service stars, the Air Medal, and his marksmanship badges. 5. 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 a medical officer, and the medical treatment must have been made a matter of official record. 6. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was subsequently awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation during the period he was assigned to the unit. DISCUSSION AND CONCLUSIONS: 1. There is sufficient evidence to show that the applicant was wounded in Vietnam as a result of enemy action on 15 October 1966 while serving in the rank of PFC. The fact that his records reflect that injury and the fact that his name is contained on the Vietnam Casualty Listing is sufficient to award him the Purple Heart. Accordingly, it would be in the interest of justice to do so at this time. 2. Additionally, he is entitled to have the award of the RVNGC w/Palm Unit Citation added to his records as well. 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: * Awarding him the Purple Heart for wounds received in action in Vietnam on 15 October 1966 while serving in the rank of PFC * Adding the Purple Heart and the RVNGC w/Palm 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) AR20100018102 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100018102 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1