IN THE CASE OF:
BOARD DATE: 03 FEBRUARY 2009
DOCKET NUMBER: AR20080015997
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the award of the Purple Heart.
2. The applicant essentially believes that the omission of the Purple Heart was an oversight when his DD Form 214 was being prepared.
3. The applicant provides a copy of a Purple Heart certificate in support of this 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's military records show that he was inducted into the Army of the United States on 23 August 1967. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 13F (Automatic Weapons Crewman), and was later awarded MOS 16F (Light Air Defense Artillery Crewman). He departed for the Republic of Vietnam on 9 January 1968, and was initially assigned to Battery G, 65th Artillery. On
1 November 1968, he was reassigned to Battery C, 1st Battalion, 44th Artillery, but was reassigned back to Battery G, 65th Artillery on 1 December 1968. He returned to the continental United States on 8 January 1969, and served at Fort Bliss, Texas until he was honorably released from active duty on 22 August 1969. The DD Form 214 that was issued to him at the time of his release from active duty shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal with 5 bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), the Presidential Unit Citation, the Valorous Unit Award, and the Marksman Marksmanship Qualification Badge with Rifle Bar.
3. The applicant's DD Form 214 does not show that he was awarded the Purple Heart. The applicant provided a certificate which shows that he was awarded the Purple Heart for wounds received in action on 1 March 1968. His military records also contained Headquarters, 108th Artillery Group General Orders Number 38, dated 14 November 1968, which awarded him the Purple Heart for wounds received in connection with military operations against a hostile force on 1 March 1968.
4. Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.
5. The applicant's DD Form 214 already shows that he was awarded the Presidential Unit Citation and the Valorous Unit Award. 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 in addition to the aforementioned unit awards at the time of the applicants assignment to the 65th Artillery, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 8, dated 1974.
6. 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 been treated by medical personnel, and the medical treatment must have been made a matter of official records.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show the award of the Purple Heart.
2. General orders awarded the applicant the Purple Heart for wounds received in action on 1 March 1968, but it is not listed on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show the award of the Purple Heart.
3. General orders also awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the 65th Artillery while the applicant was assigned to this unit. Therefore, he is entitled to correction of his military records to show the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 adding to his DD Form 214 the Purple Heart and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
2. The Board wants to thank the applicant for the sacrifices he made in service to the United States during the Vietnam War. The applicant and all Americans should be proud of his service in arms.
________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) AR20080015997
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