IN THE CASE OF:
BOARD DATE: 30 October 2008
DOCKET NUMBER: AR20080013742
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 his separation document (DD Form
214) be corrected to show he received the award of the Purple Heart and any other medals for his service in the Republic of Vietnam.
2. The applicant states that he never received any medals for his service in the Republic of Vietnam.
3. The applicant does not provide any additional documentation.
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 was inducted into the Army of the United States on 21 January 1970. He completed the necessary training and was awarded the military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. He served with Company B, 1st Battalion (Airmobile), 501st Infantry in the Republic of Vietnam during the period 7 July 1970 to 25 April 1971.
4. The applicant's DD Form 214, Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the awards of the National Defense Service Medal, Vietnam Service Medal, Expert Marksmanship Qualification Badge with Rifle Bar
(M-16), Marksman Marksmanship Qualification Badge with Machine Gun Bar
(M-60), and Sharpshooter Marksmanship Qualification Badge with Pistol Bar
(.45 Cal). However, it does not show the award of the Purple Heart.
5. A Telex from Western Union shows that the applicant was wounded in action in the Republic of Vietnam, by small arms fire while on a combat operation when a hostile force was encountered on 12 April 1971. He sustained a wound to the buttocks and the right forearm.
6. Message Number 131434Z Apr 71, dated 13 April 1971, states the applicant received a gunshot wound to his buttocks and right forearm while on a combat operation. He encountered a hostile force in "FF. XC 155 976 THUA THIEN (02)" in the Republic of Vietnam. He was admitted to 85th Evacuation Hospital on 12 April 1971 at 1745 hours and placed on the special category list on 13 April 1971.
7. 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 the unit, to which the applicant was assigned, 1st Battalion, 501st Infantry, was cited for an award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 6, dated 1974.
8. 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.
9. Appendix B of Army Regulation 600-8-22 (Military Awards) shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in
the Vietnam Counteroffensive Phase VII (1 July 1970 to 30 June 1971). 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 DD Form 214 should be corrected to show that he received the award of the Purple Heart and any other medals for his service in the Republic of Vietnam.
2. The Telex from Western Union and message number 131434Z Apr 71, dated 13 April 1971 shows that the applicant sustained a wound as a result of hostile action on 12 April 1971. This is sufficient evidence to meet the criteria for award of the Purple Heart. Therefore, the applicant is entitled to award of the Purple Heart for wounds sustained on 12 April 1971 and correction of his records to show this award.
3. Evidence shows the applicant is authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, he is entitled to correction of his records to show this unit award.
4. Evidence shows that the applicant participated in one campaign during his service in the Republic of Vietnam. Therefore, he is entitled to one bronze service star 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 for wounds sustained in the Republic of Vietnam on 12 April 1971, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one bronze service star 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) AR20080013742
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ABCMR Record of Proceedings (cont) AR20080013742
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