RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 24 January 2008
DOCKET NUMBER: AR20070012806
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.
Ms. Catherine C. Mitrano
Director
Ms. Joyce A. Wright
Analyst
The following members, a quorum, were present:
Mr. Gerald J. Purcell
Chairperson
Mr. Donald Lewy
Member
Mr. David Tucker
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, in effect, that the already-awarded Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states, in effect, that for some reason his Purple Heart is not shown on his DD Form 214.
3. The applicant provides a copy of his DD Form 214 and a copy of an award certificate awarding him the Purple Heart, for a wound he received on 16 July 1970, in support of his request.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's record shows he enlisted in the Regular Army on 30 July 1971. He successfully completed basic combat training and advanced individual training at Fort Bliss, Texas. On completion of his OSUT (one station unit training), he was awarded the military occupational specialty (MOS), 11B, Light Weapons Infantryman.
3. The applicant served in Vietnam from 17 December 1969 to 11 August 1970. He was promoted to pay grade E-4 on 20 June 1971. He served until he was honorably released from active duty on 30 July 1971.
4. The applicants DD Form 214 shows he was awarded the National Defense Service Medal; the Vietnam Service Medal; the Republic of Vietnam Campaign Medal; two Overseas Service Bars; the Combat Infantryman Badge; and the Army Commendation Medal. His DD Form 214 does not show any additional awards.
5. Item 40 (Wounds), of his DA Form 20 (Enlisted Qualification Record), shows the entry, "GSW (gun shot wound) Chest 15Jul70" (15 July 1970). Item 41 (Awards and Decorations) does not show the Purple Heart. Item 38 (Record of Assignments) shows that he was in a patient status effective 1 August 1970. His name does appear on the Vietnam Casualty List for a wound received as a result of hostile action on 15 July 1970.
6. The applicant provided an award certificate which shows that he was awarded the Purple Heart, on 16 July 1970, for wounds received in action on 16 July 1970 (sic 15 July 1970), while serving in Vietnam.
7. 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.
8. The applicants DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the three bronze service stars to which he is entitled for his campaign participation. Army Regulation 600-8-22 provides that a
bronze service star is authorized for the Vietnam Service Medal for participation in each campaign.
9. Department of the Army Pamphlet 672-3 shows that the applicant's unit was cited for award of the Meritorious Unit Commendation by Department of the Army General Orders (DAGO) Number 32, dated 1973; and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, by DAGO Number 42, dated 1972, while he was assigned to the unit. These unit awards are not shown on the applicant's DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that the applicant was slightly wounded in Vietnam on 15 July 1970 as a result of hostile action. He was awarded the Purple Heart, as evidenced by his award certificate, dated 16 July 1970. Therefore, he is entitled to correction of his records to show the award of the Purple Heart.
2. The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal. While in Vietnam, he participated in three campaigns and he is therefore, entitled to be awarded three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.
3. The applicant's unit was cited for award of the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, at the time he was a member of the unit. He is, therefore entitled to correction of his records to show these unit awards.
BOARD VOTE:
__GP___ __DL____ ___DT __ 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. adding the already-awarded Purple Heart, to his DD Form 214;
b. deleting the Vietnam Service Medal; and
c. awarding the individual the Vietnam Service Medal, with three bronze service stars; the Meritorious Unit Commendation; and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, and adding these awards to his
DD Form 214.
____Gerald J. Purcell_________
CHAIRPERSON
INDEX
CASE ID
AR20070012806
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20080124
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19710730
DISCHARGE AUTHORITY
AR 635-200
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
107
2.
3.
4.
5.
6.
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