IN THE CASE OF:
BOARD DATE: 28 October 2008
DOCKET NUMBER: AR20080014573
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.
2. The applicant states that he was awarded the Purple Heart for wounds received in action.
3. The applicant provides his DD Form 214 and a Purple Heart certificate, 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 applicants military records show that he was inducted into the Army of the United States and entered active duty on 5 October 1967. He was awarded the military occupational specialty of light weapons infantryman, and served in Vietnam from 20 March to 19 August 1968. His medical records show that while in Vietnam, he was treated for a gunshot wound to his left thigh which he incurred on 15 August 1968 when he was hit by small arms fire while on a mission. He was honorably released from active duty on 3 October 1969.
3. His DD Form 214 shows that he was awarded the National Defense Service Medal, the Combat Infantryman Badge, the Vietnam Campaign Medal with Device (1960), the Vietnam Service Medal, and the Marksman Marksmanship Qualification Badge with Rifle Bar.
4. Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, shows the pertinent identified campaign periods, for which a bronze service star is authorized for wear on the Vietnam Service Medal. Those periods are: Tet Counteroffensive (30 January 1968 through
1 April 1968); Counteroffensive, Phase IV (2 April 1968 through 30 June 1968); and Counteroffensive, Phase V (1 July 1968 through 1 November 1968).
5. Army Regulation 600-8-22 authorizes, in pertinent part, award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation. The regulations state that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.
6. 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.
7. 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 medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicants medical records show that he was hit by small arms fire while on a mission in Vietnam while he was serving as an infantryman. This medical record is verification that the applicant met the criteria of Army Regulation
600-8-22 for award of the Purple Heart.
2. The applicant is also entitled to 3 bronze service starts to be worn on his already-awarded Vietnam Service Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on the dates of his service in Vietnam.
3. As such, it would be appropriate to correct the applicants records as recommended below.
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 received as a result of hostile action in Vietnam on 15 August 1968; and
b. adding to his DD Form 214 three bronze service starts to be worn on his already-awarded Vietnam Service Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
_________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) AR20080014573
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ABCMR Record of Proceedings (cont) AR20080014573
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