IN THE CASE OF:
BOARD DATE: 28 October 2008
DOCKET NUMBER: AR20080011667
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 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 has the certificate to show he was awarded the Purple Heart.
3. The applicant provides a Purple Heart award certificate.
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
Counsel makes no additional statement.
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 on 15 May 1968. He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).
3. The applicant arrived in Vietnam and was assigned to Company D, 1st Battalion, 503d Infantry, 173d Airborne Brigade, on 8 January 1969.
4. On 25 October 1969, the applicant sustained wounds to his left eye, left shoulder, and left ear as a result of hostile action. He was medically evacuated from Vietnam on or about 30 October 1969 after being credited with participation in three campaigns. His name is listed on the Vietnam Casualty Roster.
5. The applicant provided a Purple Heart award certificate showing he was awarded the Purple Heart for wounds received in action on 25 October 1969.
6. On 10 March 1970, the applicant was permanently retired by reason of physical disability.
7. The applicant's DD Form 214 shows he was awarded the Air Medal, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with device (1960), the Combat Infantryman Badge, the Parachutist Badge, the Marksman Marksmanship Qualification Badge (Rifle M-14), and the Sharpshooter Marksmanship Qualification Badge (Rifle M-16).
8. Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart 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 a medical officer, and the medical treatment must have been made a matter of official record.
9. 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, to include the Vietnam Service Medal.
10. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows that, at the time of the applicant's assignment to the 1st Battalion, 503d Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 5 May 1965 through 26 September 1970 by Department of the Army General Order Number 51, dated 1971.
11. Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to the 1st Battalion, 503d Infantry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 15 April 1969 through 16 March 1971 by Department of the Army General Order Number 5, dated 1973.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms that the applicant was wounded in action; therefore, the Purple Heart certificate provided by the applicant is accepted as sufficient evidence to show he was awarded the Purple Heart. This award should be added to his DD Form 214.
2. The applicant was credited with participation during three campaigns. Therefore, he is eligible to wear three bronze service stars on his Vietnam Service Medal, and his DD Form 214 should be amended to reflect this fact.
3. The applicant was assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. These unit awards should be added to his DD Form 214.
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 amending his DD Form 214 to add the Purple Heart, the Republic of Vietnam
Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and to show he is eligible to wear three bronze service stars 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.
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