RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 27 March 2007
DOCKET NUMBER: AR20060012230
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.
x
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 that 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 that his DD Form 214 does not reflect award of the Purple Heart for wounds he sustained in September 1970 during the Vietnam Conflict.
3. The applicant provides no additional documents in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred on 6 February 1971. The application submitted in this case is dated 1 August 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 was inducted into the Army on 29 May 1969. He completed basic combat training and advanced individual training. He was awarded military occupational specialty 11B (Light Weapons Infantryman). He was assigned to Vietnam on 23 January 1970 with Company A, 4th Battalion, 31st Infantry, 196th Infantry Brigade.
4. Item 40 (Wounds) on the applicants DA Form 20 (Enlisted Qualification Record) shows he sustained a gunshot wound to his left arm on 20 September 1970. His name is listed on the Vietnam Casualty Roster.
5. The applicant departed Vietnam on 5 February 1971. He received credit for participation in the Vietnam Winter-Spring 1970 Campaign, the DA Sanctuary Counteroffensive Campaign, and the Vietnam Counteroffensive Phase VII Campaign.
6. The applicant was honorably released from active duty on 6 February 1971. He completed 1 year, 6 months, and 29 days of active military service with 39 days of lost time.
7. His DD Form 214 shows he was awarded the National Defense Service Medal, the Republic of Vietnam Campaign Medal, the Vietnam Service Medal, the Combat Infantryman Badge, and the Expert Marksmanship Qualification Badge with Rifle Bar.
8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows that, at the time of the applicant's assignment to Company A, 4th Battalion, 31st Infantry, 196th Infantry Brigade, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army General Orders Number 6, dated 1974.
9. 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. This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.
10. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.
DISCUSSION AND CONCLUSIONS:
1. There are no orders which authorize award of the Purple Heart to the applicant. However, his Enlisted Qualification Record shows he sustained a gunshot wound to his left arm on 20 September 1970 and his name is listed on the Vietnam Casualty Roster. Therefore, this evidence is accepted as sufficient as a basis for award of the Purple Heart.
2. The applicant was assigned to a unit during a period it was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, this award should be added to his DD Form 214.
3. The applicant received credit for participation in three campaigns during the Vietnam War. Therefore, his DD Form 214 should be corrected to show three bronze service stars for wear on his Vietnam Service Medal.
4. Records show the applicant should have discovered the alleged error or injustice now under consideration on 6 February 1971; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 5 February 1974. Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file in this case based on the fact there is no statute of limitations on requests for award of the Purple Heart.
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 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 20 September 1970; and
b. adding the Purple Heart, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars for wear on his already-awarded Vietnam Service Medal to his DD Form 214.
x _______
CHAIRPERSON
INDEX
CASE ID
AR20060012230
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070327
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
Mr. Schwartz
ISSUES 1.
107.0015
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