IN THE CASE OF:
BOARD DATE: 19 May 2009
DOCKET NUMBER: AR20090000206
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 date of birth in item 9 (Date of Birth) on his DD Form 214 (Report of Transfer or Discharge) be changed to 30 June 1943. He also requests correction of item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded of Authorized) of his DD Form 214 to show award of the Purple Heart.
2. The applicant states that he was born on 30 June 1943 not 30 January 1943. He also contends that he received the Purple Heart for wounds received in action on 4 January 1970 from General Westmoreland while on a hospital ship. He states that he has lost the medal, that he lost his medical insurance, and that he is seeking help from the military.
3. The applicant provides no additional documentary evidence 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 was inducted into the Army of the United States and entered active duty on 10 June 1969. He completed training and was awarded military occupational specialty (MOS) 11D (armor reconnaissance specialist). He served as an infantryman assigned to Company B, 1st Battalion, 77th Armor,
1st Brigade, 5th Infantry Division in Vietnam from 17 December 1969 through
14 June 1970. He was assigned to Troop A, 4th Squadron, 12th Cavalry,
25th Infantry Division in Vietnam from 15 June 1970 through 29 November 1970. On 30 June 1971, he was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.
3. Item 9 on the applicant's DD Form 214 shows the entry "30 Jan 43"
[30 January 1943] and item 24 of his DD Form 214 does not show award of the Purple Heart.
4. The applicants DD Form 398 (Statement of Personal History), DD Form 47 (Record of Induction), and his DA Form 20 (Enlisted Qualification Record) show he was born on 30 June 1943.
5. There are no orders for the Purple Heart in the available records. However, a Western Union telegram, dated 6 January 1970, states that the applicant was slightly wounded in action in Vietnam on 4 January 1970. The Vietnam Casualty Roster also shows he was wounded in action on 4 January 1970.
6. Department of the Army General Orders Number 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to
28 March 1973.
7. 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 medical personnel,
and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The preponderance of evidence in this case shows the applicant was born on
30 June 1943. Therefore, it would be appropriate to correct item 9 on his DD Form 214 to show this date.
2. The Western Union telegram and the entry on the Vietnam Casualty Roster which show the applicant was wounded in action on 4 January 1970 are accepted as sufficient evidence on which to base award of the Purple Heart in this case.
3. The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam. The applicant served in Vietnam during a qualifying period and is eligible for this award. Therefore, it would be appropriate to add this foreign unit award to his DD Form 214.
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 from item 9 of the applicant's DD Form 214 the entry "30 Jan 43" and replacing it with the entry "30 Jun 43,"
b. awarding the applicant the Purple Heart for wounds received in action on
4 January 1970 in Vietnam; and
c. adding to item 24 of the applicant's DD Form 214 the Purple Heart 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) AR20090000206
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ABCMR Record of Proceedings (cont) AR20090000206
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