IN THE CASE OF:
BOARD DATE: 31 July 2008
DOCKET NUMBER: AR20080006096
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 Purple Heart be added to his separation document (DD Form 214), and that his middle initial on his Purple Heart certificate be corrected from W to D.
2. The applicant states he was wounded on 22 September 1968.
3. The applicant provides a copy of a Purple Heart certificate.
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 applicants military records show that he was inducted and awarded the military occupational specialty of light weapons infantryman.
3. The applicant served in Vietnam from 14 May 1968 to 12 May 1969 and was promoted to pay grade E-5.
4. He was honorably released from active duty on 28 August 1969 due to early release for seasonal employment. The DD Form 214 he was issued does not have the Purple Heart listed.
5. The applicants military records do not contain orders awarding him the Purple Heart, or any other indication he was awarded the Purple Heart.
6. However, his DA Form 20, Enlisted Qualification Record, Item 40, Wounds, has FW: (R) UPPER LEG (Fragment wound, right upper leg) entered. In addition, in the applicants Standard Form 89, Report of Medical History, which was completed in conjunction with his separation, it was noted that the applicant still had shrapnel embedded in his right upper leg which was the result of mortar fragments received in Vietnam.
7. Also, the Vietnam Casualty Listing reflects the applicants name, indicating that he was wounded in action.
8. Army Regulation 600-8-22 provides that the Purple Heart is awarded for wounds 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 by a medical officer, and the medical treatment must have been made a matter of official record.
9. Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, shows that the pertinent identified campaign periods, for which a bronze service star is authorized for wear on the Vietnam Service Medal. Those periods are: Counteroffensive IV (2 April 1968 through 30 June 1968); Counteroffensive, Phase V (1 July 1968 through 1 November 1968); Counteroffensive, Phase VI, (2 November 1968 through 22 February 1969); and Tet 69 Counteroffensive, 1969 (23 February 1969 through 8 June 1969).
10. Department of the Army General Order Number 8, dated 1974, awarded all personnel assigned to the United States Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
DISCUSSION AND CONCLUSIONS:
1. Documentation contained in the applicants records and the Vietnam Casualty List make it abundantly clear that the applicant was wounded as a result of hostile action. As such, he is entitled to the award of the Purple Heart, and for that decoration to be added to his DD Form 214.
2. The applicant is also entitled to 4 bronze service stars to be affixed to his Vietnam Service Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
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:
a. awarding him the Purple Heart for wounds incurred on 22 September 1968 in the Republic of Vietnam and reissuing him a Purple Heart Certificate that contains his correct middle initial; and
b. adding the Purple Heart, 4 bronze service stars to be affixed to his Vietnam Service Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, to his DD Form 214.
_________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) AR20080006096
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ABCMR Record of Proceedings (cont) AR20080006096
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