IN THE CASE OF:
BOARD DATE: 17 July 2008
DOCKET NUMBER: AR20080007558
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, in effect, that the Purple Heart (PH) be added to his separation document (DD Form 214).
2. The applicant states, in effect, that he received the PH on 14 March 1968.
3. The applicant provides a PH Certificate and Western Union Telegram in support of his application.
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 record was not made available to the Board for review. This case is being considered using reconstructed records that consist primarily of his DD Form 214 and the documents provided by the applicant.
3. The applicant's DD Form 214 shows that he was inducted into the Army and entered active duty on 25 October 1966, and was awarded and served in military occupational specialty (MOS) 91B (Medical Specialist). It also shows that he served on active duty for 1 year, 11 months, and 21 days until being honorably separated in the rank of specialist five (SP5) on 15 October 1968.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows that he earned the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam (RVN) Campaign Medal with 1960 Device, and Parachutist Badge during his active duty tenure.
5. The applicant provides a copy of a PH Certificate that indicates he was awarded the PH for being wounded in action in the RVN on 14 March 1968, and a Western Union Telegram, dated 19 March 1968, that notified his parents that he had been slightly wounded in action in the RVN on 14 March 1968, when he received fragment wounds to his right arm and left knee from a hostile grenade.
6. During the processing of this case, a member of the Board staff reviewed the Department of the Army (DA) Vietnam Casualty Roster. There was an entry on this roster that confirms the applicant was wounded in action in the RVN on 14 March 1968.
7. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. Paragraph 2-8 contains the regulatory guidance pertaining to award of the PH. It states, in pertinent part, that in order to support an award of the PH, there must be evidence that a member was wounded or injured as a result of enemy action; that the wound or injury for which the award is being made required treatment by medical personnel; and this treatment must be supported by medical treatment records that were made a matter of official record.
DISCUSSION AND CONCLUSIONS:
The applicant's contention that the PH he was awarded should be added to his DD Form 214 was carefully considered and found to have merit. The information contained on the PH Certificate and Western Union Telegram provided by the applicant is corroborated by an entry on the DA Vietnam Casualty Roster that confirms the applicant was wounded in action in the RVN on 14 March 1968. As a result, it would be appropriate to add the PH to Item 24 of his DD Form 214 at this time.
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 adding the Purple Heart to Item 24 of his DD Form 214; and by providing him a correction to his separation document that includes this award.
________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) AR20080007558
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ABCMR Record of Proceedings (cont) AR20080007558
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