IN THE CASE OF:
BOARD DATE: 17 JUNE 2008
DOCKET NUMBER: AR20080003660
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 his records be corrected to show the award of the Purple Heart.
2. The applicant states, in effect, he was wounded in the Republic of Vietnam on 30 April 1970. He was evacuated to the 91st Evacuation Hospital in Chu Lai, in the Republic of Vietnam, where he was given the Purple Heart. He was told to take the orders to Personnel, but another Soldier threw the orders away before he could get to Personnel.
3. The applicant provides a copy of a letter from the National Personnel Records Center dated 9 May 2005, an award of Veterans Administration Benefits, a Telegram from Western Union, and a letter from his state representative.
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 military personnel record shows he enlisted the Regular Army on 10 March 1969. He completed the necessary training and was awarded military occupational specialty (MOS) 91B (Medical Specialist).
3. His separation document (DD Form 214) shows he served in the Republic of Vietnam during the period 27 February 1970 to 14 January 1971. He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement), St. Louis, Missouri on 12 January 1972. He completed 2 years, 10 months, and 3 days of Net Service This Period.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the awards of the Army Commendation Medal, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, 1 Overseas Service Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar
(M-14). However, it does not show the award of the Purple Heart.
5. The Telegram from Western Union that the applicant submitted states he was slightly wounded in action in Vietnam on 30 April 1970 by a fragment while on combat operation, when a hostile force was encountered. He received a wound to his left arm and was treated and hospitalized in Vietnam.
6. In the process of researching the applicant's request, a board staff member located a copy of the U.S. Army Human Resources Command Permanent Orders Number 108-38, dated 17 April 2008 that show the applicant was awarded the Purple Heart for wounds received as a result of hostile actions on 30 April 1970.
7. A review of the applicant's records indicates entitlement to additional awards that are not shown in item 24 of his DD Form 214.
8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam. This document shows that all units assigned in the Republic of Vietnam from 8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Department of the Army General Order Number 8, dated 1974.
9. The applicant's records show that he was awarded the Vietnam Service Medal. However, his DD Form 214 does not show any bronze service stars indicating campaign credit.
10. Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the Vietnam Winter-Spring, 1970 (1 November 1969 to 30 April 1970); Sanctuary Counteroffensive (1 May 1970 to 30 June 1970); and Vietnam Counter offensive, Phase VII (1 July 1970 to 30 June 1971) campaigns. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his records should be corrected to show the Purple Heart.
2. Orders show the applicant was awarded the Purple Heart for wounds received as a result of hostile force on 30 April 1972. Therefore, he is entitled to correction of his DD Form 214 to add this award.
3. Evidence shows the applicant is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation for his service in the Republic of Vietnam. Therefore, he is entitled to correction of his records to show this foreign award.
4. Evidence shows the applicant served in the Republic of Vietnam during three campaigns. Therefore, he is entitled to corrections of his records to show three bronze service stars to be affixed to his Vietnam Service Medal.
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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the award of the Purple Heart, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.
__________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) AR20080003660
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