IN THE CASE OF:
BOARD DATE: 4 December 2008
DOCKET NUMBER: AR20080015159
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 correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart.
2. The applicant states that he was wounded on 12 January 1967 and his DD Form 214 does not show the Purple Heart.
3. The applicant provides the first page of orders for the Purple Heart and a copy of his DD Form 214 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 enlisted on 3 August 1965 for a period of 3 years. He arrived in Vietnam on 14 April 1966. He served as a light weapons infantryman assigned to Headquarters and Headquarters Company, 1st Battalion, 14th Infantry in Vietnam from 14 April 1966 through 14 April 1967. On 26 March 1968, he was discharged with a general, under honorable conditions discharge for hardship.
3. The applicants DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Combat Infantryman Badge, two awards of the Overseas Service Bar, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, the Vietnam Counteroffensive, and the Vietnam Counteroffensive Phase II as authorized awards.
4. There are no orders for the Purple Heart in the available records. However, the applicant provided the first page of Headquarters, 85th Evacuation Hospital (Surgical Mobile) General Orders Number 14, dated 16 January 1967, which show he received the first award of the Purple Heart for wounds received in action on 12 January 1967. These orders show he was assigned to Headquarters Company, 1st Battalion, 14th Infantry of the 25th Infantry Division.
5. Records show the applicant participated in two campaigns during his assignment in Vietnam.
6. 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 the applicant's unit is eligible for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 48, dated 1971.
DISCUSSION AND CONCLUSIONS:
1. The first page of the orders for award of the Purple Heart provided by the applicant which show his correct unit of assignment in Vietnam is accepted as sufficient evidence on which to amend his DD Form 214 to show award of the Purple Heart.
2. The applicant participated in two campaigns during his assignment in Vietnam which makes him eligible for award of the Vietnam Service Medal with two bronze service stars.
3. The applicants unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.
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. deleting the Vietnam Service Medal from his DD Form 214; and
b. adding the Purple Heart for wounds received in action on 12 January 1967, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Vietnam Service Medal with two bonze service stars to his DD Form 214.
________XXX______________
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) AR20080015159
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ABCMR Record of Proceedings (cont) AR20080015159
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