IN THE CASE OF:
BOARD DATE: 30 April 2009
DOCKET NUMBER: AR20090000152
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 award of the Purple Heart.
2. The applicant states that he should have been awarded the Purple Heart.
3. The applicant provides a VA Form 21-22 (Department of Veterans Affairs Appointment of Veterans Service Organization as Claimant's Representative), a copy of his DD Form 214 (Report of Transfer or Discharge), and page 4 of his DA Form 20 (Enlisted Qualification Record) 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 in the Regular Army on 10 January 1967 for a period of 3 years. He arrived in Vietnam on 3 October 1967. He served as a light weapons infantryman assigned to Company A, 3rd Battalion (Airborne), 506th Infantry in Vietnam from 4 November 1967 through 26 September 1968. On
9 January 1970, the applicant was released from active duty.
3. The applicants DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), the Combat Infantryman Badge, the Bronze Star Medal, and the Parachute Badge as authorized awards.
4. There are no orders for the Purple Heart in the applicants service personnel records. However, the Vietnam Casualty Roster shows he was wounded in action on 23 June 1968. Item 40 (Wounds) on his DA Form 20 also shows he was wounded on 23 June 1968.
5. 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 Valorous Unit Award for actions during the period 31 January 1968 to
25 February 1968 based on Department of the Army General Orders Number
43, dated 1970.
6. Department of the Army Pamphlet 672-3 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 43, dated 1970.
7. Department of the Army Pamphlet 672-3 also shows the applicant's unit is eligible for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 48, dated 1971.
8. 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 required treatment by military medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The entry on the Vietnam Casualty Roster and the applicant's DA Form
20 which show he was wounded on 23 June 1968 in Vietnam are accepted as sufficient evidence on which to base award of the Purple Heart in this case.
2. The applicants unit was cited for award of the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class 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. awarding him the Purple Heart for wounds received in action on 23 June 1968 in Vietnam; and
b. adding the Purple Heart, the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation on 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) AR20090000152
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ABCMR Record of Proceedings (cont) AR20090000152
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