| Mr. Carl W. S. Chun | Director | |
| Mr. Vic Whitney | Analyst |
| Mr. Raymond V. O’Connor, Jr. | Chairperson | |
| Ms. Yolanda Maldonado | Member | |
| Mr. James E. Anderholm | Member |
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that he be awarded two Purple Hearts.
2. The applicant states that he was injured in combat while in pursuit of the enemy in September 1965 when the armored personnel carrier he was driving struck a tree and he received a severe gash to his chin. Several days later while on guard duty he was struck in the left knee by shrapnel from an enemy grenade. He was treated at an Army field hospital.
3. The applicant provides no documentation in support of his request.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of error, which occurred on 26 February 1966, the date of his DD Form 214 (Report of Transfer or Discharge). The application submitted in this case is dated 13 March 2003.
2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.
3. He was inducted and entered active duty on 3 March 1964. He was trained as an armor intelligence specialist and served in Vietnam from 21 September 1965 through 26 February 1966 when he was separated from active duty and transferred to the Army Reserve.
4. His DD Form 214 does not show the Purple Heart as an authorized award. Block 27 (Wounds) states "NONE" and the applicant authenticated the form with his signature.
5. The only available medical records are the applicant's medical history and medical examination for separation conducted on 25 February 1966 at Oakland Army Base, California. His own medical history makes no mention of any injuries or wounds as a result of enemy action. The doctor's medical examination failed to reveal any abnormalities or significant medical history relating to a wound or injury as a result of enemy action. His name does not appear on the Vietnam Casualty List.
6. A review of the applicant's service history and records shows that he participated in two campaigns in Vietnam and that his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment by General Order 21, dated 1969. His records also contain award of the Marksmanship Badge with pistol bar and the Expert Marksmanship Badge with rifle bar.
7. Army Regulation 600-8-22 prescribes Army policy for individual awards. The regulation provides that one bronze service star is authorized for wear on the Vietnam Service Medal for participation in each named campaign. A review of the regulation and the applicant's records shows that he is entitled to two bronze service stars.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence of record, and none provided by the applicant, to show that he was injured or wounded as a result of enemy action and entitled to awards of the Purple Heart.
2. There is sufficient evidence to show that administrative correction to his records should show entitlement to two bronze service stars for the Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Expert Marksmanship Badge with rifle bar, and the Marksmanship Badge with pistol bar.
3. Records show the applicant should have discovered the error or injustice now under consideration on 26 February 1966; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 25 February 1969. However, the applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to file in this case.
4. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board. Therefore, administrative correction of the applicant's records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.
BOARD VOTE:
________ ________ ________ GRANT RELIEF
________ ________ ________ GRANT FORMAL HEARING
___ro____ __ym____ __ja___ DENY APPLICATION
| CASE ID | AR2003088563 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20031218 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY WITH NOTE |
| REVIEW AUTHORITY | |
| ISSUES 1. | 107.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2006 | 20060013046
Regrettably, absent evidence which conclusively shows that he was wounded a second time by hostile action, and that he was treated by medical personnel for a second wound which was made a matter of official record, there is insufficient basis upon which to award the Purple Heart with First Oak Leaf Cluster to the applicant in this case. Therefore, he is entitled to award of the Republic of Vietnam Campaign Medal, and correction of his military records to show this award. Therefore, the...
ARMY | BCMR | CY2011 | 20110010023
The applicant states he was wounded in action in the Republic of Vietnam (RVN); however, his records do not show award of the Purple Heart. The applicant served a qualifying period of active enlisted service for the first award of the Army Good Conduct Medal from 8 November 1965 to 7 November 1968. a. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds received in action in the...
ARMY | BCMR | CY2010 | 20100015464
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 with bronze service star * Republic of Vietnam Campaign Medal with Device (1960) * two Overseas Service Bars * Sharpshooter Marksmanship Qualification Badge [no weapon specified] 3. Evidence shows the applicant received two awards of the Army Commendation Medal, of which one was with the "V" Device. ...
ARMY | BCMR | CY2007 | 20070005432
The applicant requests correction of his military records to show award of the Purple Heart for wounds received in the Republic of Vietnam. Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. Therefore, the Board requests that the CMSD-St. Louis administratively...
ARMY | BCMR | CY2007 | 20070000110C071029
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 7 June 2007 DOCKET NUMBER: AR20070000110 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Evidence shows that the applicant’s records contain administrative errors which do not require action by the Board. Therefore, the Board requests that the CMSD-St. Louis administratively correct the DD Form 214 of...
ARMY | BCMR | CY2003 | 2003090137C070212
The applicant states that he was unaware that the Purple Heart was not recorded on his DD Form 214. The applicant's medical records were not available for the Board to review. The applicant's DD Form 214 does not show this unit award as an authorized award because it was awarded after he had been released from active duty.
ARMY | BCMR | CY2004 | 2004106276C070208
The applicant requests that the award of the Purple Heart and the schools that he completed be reflected on his DD Form 214 (Report of Transfer or Discharge). The applicant's records contain no other evidence concerning any injuries or any medical documents, to include the medical proceedings which resulted in his placement on the TDRL and his disability discharge. These awards are reflected on his 27 September 1967 DD Form 214.
ARMY | BCMR | CY2012 | 20120020156
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded or authorized the following: * Purple Heart (PH) (2nd Award) * gold star on Parachute Wings for jumps under fire (properly known as the bronze service star to be worn on the Parachutist Badge to denote a combat parachute jump) * senior Parachute Wings (properly known as Senior Parachutist Badge) * Air Medal (AM) * Armed Forces Expeditionary Medal...
ARMY | BCMR | CY2010 | 20100022489
The applicant provides the following: * Special Orders Number 128, dated 18 June 1965 * Meritorious Service memorandum, dated 6 May 1966 * Foreign Awards memorandum, dated 1 June 1967 * General Orders Number 3176, dated 22 May 1968 * DA Form 759 (Individual Flight Record and Flight Certificate-Army), dated June 1971 * Special Orders Number 178, dated 24 August 1972 * DD Form 214, effective 1 March 1969 CONSIDERATION OF EVIDENCE: 1. Records show he was awarded the Vietnam Service Medal. As...
ARMY | BCMR | CY2009 | 20090013987
There are no orders or other evidence authorizing award of these decorations to the applicant. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows that the applicant was awarded the National Defense Service Medal, ARCOM with first oak leaf cluster, Combat Infantryman Badge, Purple Heart, Air Medal, Vietnam Service Medal (VSM) with one bronze service star, and the RVN Campaign Medal with Device (1960). As a result, the Board...