IN THE CASE OF:
BOARD DATE: 7 May 2009
DOCKET NUMBER: AR20080019348
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states that he was on a tank which ran over a landmine which injured him and the driver. He was given the Purple Heart in the field following that incident.
3. The applicant provides his DD Form 214 and a newspaper article.
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 6 October 1966, he was awarded the military occupational specialty of Armored Intelligence Specialist, and promoted to pay grade E-5. He served in Vietnam from 10 August 1967 to 9 August 1968, and he was assigned to Troop A, 1st Squadron, 1st Cavalry, from 28 August 1967 to 7 January 1968, and then Troop B, 1st Squadron, 4th Cavalry, 1st Infantry Division from 8 January to 5 August 1968.
3. The applicant's records contain no evidence that the applicant was wounded or awarded the Purple Heart.
4. However, the applicant's name appears on the Vietnam Casualty Listing which shows that the applicant was wounded as a result of hostile action, not serious enough to be hospitalized, on 11 September 1969.
5. The applicant was honorably released from active duty on 8 August 1968 in the rank of sergeant. His DD Form 214 shows that he was awarded the Vietnam Service Medal (VSM), the Bronze Star Medal, and the Silver Star, among other awards.
6. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that Troop A, 1st Squadron, 1st Cavalry, was awarded the Valorous Unit Award (VUA) for the period 15 to 31 October 1967, and 1st Squadron, 4th Cavalry, 1st Infantry Division was awarded the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, for the period October 1965 to 7 April 1970. That publication also shows the pertinent identified campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal. The applicant served in Vietnam during the following campaigns: The Counteroffensive Phase III (1 July 1966 through 29 January 1968); Tet (30 January 1968 through 1 April 1968); Counteroffensive IV (2 April 1968 through 30 June 1968); and Counteroffensive, Phase V (1 July 1968 through 1 November 1968).
7. 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.
8. 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 a medical officer, and the medical treatment must have been made a matter of official record.
9. 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 VSM.
DISCUSSION AND CONCLUSIONS:
1. The fact that the applicant's name is contained in the Vietnam Casualty Listing verifies that he was wounded as a result of hostile action. As such, it would be appropriate to now award the applicant the Purple Heart and to add that decoration to his DD Form 214.
2. In addition, based on the applicant's service in Vietnam, he is entitled to the VUA, the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four bronze service stars to be worn on his already-awarded VSM.
3. In view of the foregoing, it would be appropriate to correct the applicant's 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 to him the Purple Heart for wounds received on 11 September 1969; and
b. adding the Purple Heart, the VUA, the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four bronze service stars to be worn on his already-awarded VSM to his DD Form 214.
_______ _ _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) AR20080019348
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ABCMR Record of Proceedings (cont) AR20080019348
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