RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 1 February 2007
DOCKET NUMBER: AR20060010591
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.
Mr. Carl W. S. Chun
Director
Mr. Michael L. Engle
Analyst
The following members, a quorum, were present:
Ms. Barbara J. Ellis
Chairperson
Ms. Linda D. Simmons
Member
Mr. Michael J. Flynn
Member
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests award of the Purple Heart for wounds received while deployed to the Republic of Vietnam.
2. The applicant states, in effect, that he should have been awarded the Purple Heart at the time of his discharge.
3. The applicant provides a copy of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214); Western Union Telegram dated 18 October 1967; and the Department of Veterans Affairs rating decision packet dated 7 June 2005.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice which occurred on 6 September 1968, the date of his release from active duty. The application submitted in this case is dated 29 June 2006.
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 limitations 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 applicants failure to timely file.
3. The applicant's military records for his period of active duty from 8 September 1966 to 6 September 1968 are not available for review. However, there are sufficient documents available to conduct a fair and impartial review of this specific request.
4. On 8 September 1966, the applicant was inducted into the Army of the United States for 2 years. He completed his initial training and was awarded military occupational specialty 11B1O (Light Weapons Infantryman).
5. On 18 October 1967, a Western Union telegram was sent from The Adjutant General to the applicant's mother stating that he had been slightly wounded in the Republic of Vietnam on 17 October 1967, as a result of hostile action, while on a combat operation. He received medical treatment for his wounds at the
616th Medical Battalion. His unit is shown as Company C, 1st Battalion, 8th Cavalry Regiment, 1st Cavalry Division.
6. The applicant's name is on the Vietnam Casualty List.
7. On 6 September 1968, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Annual Training) in pay grade E-4. His character of service was honorable. He had completed
1 year, 11 months, and 29 days of active duty.
8. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, shows his awards as the National Defense Service Medal, Combat Infantryman Badge, Vietnam Service Medal with 2 bronze service stars, Republic of Vietnam Campaign Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Machinegun Bar. It does not show award of the Purple Heart.
9. 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.
10. Army Regulation 600-8-22 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, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The available evidence clearly shows that the applicant was wounded as a result of hostile action and that he received medical treatment for his wound. His name also appears on the Vietnam Casualty List. Therefore, he should be awarded the Purple Heart
2. General Orders show that the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, his records should be corrected to show this foreign unit award.
3. Records show the applicant should have discovered the alleged error or injustice now under consideration on 6 September 1968; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
5 September 1971. The applicant did not file within the 3-year statute of limitations; however, based on the available (evidence or argument), it would be in the interest of justice to excuse failure to timely file in this case.
BOARD VOTE:
__BJE__ __MJF___ __LDS__ 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 and to excuse failure to timely file. 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 on 17 October 1967; and
b. showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Purple Heart and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
__ Barbara J. Ellis__________
CHAIRPERSON
INDEX
CASE ID
AR20060010591
SUFFIX
RECON
DATE BOARDED
20070201
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
107
2.
3.
4.
5.
6.
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