IN THE CASE OF:
BOARD DATE: 17 September 2008
DOCKET NUMBER: AR20080010465
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 award of 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 he was wounded in battle on 19 November 1966 while he was assigned to the 1st Battalion, 14th Infantry, 25th Infantry Division in Vietnam.
3. The applicant provides no additional documents 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 was inducted into the Army of the United States on 7 October 1967. At the completion of basic combat training and advanced individual training, he was awarded military occupational specialty 11B (light weapons infantryman). He was assigned to Vietnam on 24 April 1966 with Company B, 1st Battalion, 14th Infantry.
3. Item 40 (Wounds) on the applicant's DA Form 20 (Enlisted Qualification Record) does not show he sustained any wounds. His name is listed on the Vietnam Casualty Roster and shows he was wounded in action on 19 November 1966.
4. He departed Vietnam on 20 April 1967 and was credited with participation in the Vietnam Counteroffensive Campaign and the Vietnam Counteroffensive Phase II Campaign.
5. The applicant was released from active duty on 6 October 1967. His DD Form 214 shows the Parachutist Badge, the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal as authorized awards.
6. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that, at the time of the applicant's assignment to the 2nd Battalion, 501st Infantry, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 48, dated 1971.
7. Army Regulation 600-8-22 (Military Awards) 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 by medical personnel, and the medical treatment must have been made a matter of official record.
8. 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 name is listed on the Vietnam Casualty Roster and indicates he was wounded in action on 19 November 1966. Therefore, this evidence is sufficient as a basis to award him the Purple Heart and to correct his DD Form 214 to show this decoration.
2. The applicant was assigned to a unit during a period it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, this foreign unit award should be added to his DD Form 214.
3. The applicant received credit for participation in two campaigns during the Vietnam War. Therefore, his DD Form 214 should be corrected to show two bronze service stars for wear on his Vietnam Service Medal.
BOARD VOTE:
__xx____ ___xx___ __xx____ 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 received in action on 19 November 1966; and
b. adding the Purple Heart, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars for wear on his already-awarded Vietnam Service Medal.
_______ _ xxxx_____ ___
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) AR20080010465
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ABCMR Record of Proceedings (cont) AR20080010465
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