IN THE CASE OF:
BOARD DATE: 4 August 2009
DOCKET NUMBER: AR20090004991
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to add the Purple Heart. He believes he may be eligible for several other awards that were awarded by the South Vietnamese government.
2. The applicant states that he was awarded the Purple Heart in or around June 1967 while providing ground support. He states that he believes he is entitled to these awards.
3. The applicant does not provide anything in support of his request.
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 24 September 1965, was awarded the military occupational specialty of turbine utility helicopter mechanic, and was promoted to pay grade
E-5.
3. The applicant served in Vietnam from 22 March 1966 to 19 October 1967 and was assigned to the 120th Aviation Company while in Vietnam.
4. The applicant was honorably released from active duty on 22 October 1967. His DD Form 214 shows his significant awards as the Bronze Star Medal with "V" Device, the Distinguished Flying Cross, the Army Commendation Medal with "V" Device, and the Air Medal with 13th Oak Leaf Cluster (14 awards) and "V" Device.
5. The applicant's DA Form 20 (Enlisted Qualification Record), item 40 (Wounds), is blank. Item 41 (Awards and Decorations) does not list the Purple Heart.
6. Review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for awarding the applicant the Purple Heart.
7. There are no orders awarding the applicant the Purple Heart in his records and the applicant's valorous award citations do not mention him being wounded.
8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the pertinent identified campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.
Those periods are the Vietnam Counteroffensive (25 December 1965 through 30 June 1966) and the Counteroffensive Phase III (1 July 1966 through 29 January 1968).
9. 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.
10. Army Regulation 600-8-22 (Military Awards) 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.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence that the applicant was awarded the Purple Heart and there is no evidence that he was wounded as a result of hostile action. As such, there is insufficient basis for which to award him the Purple Heart.
2. However, the applicant is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and two bronze service stars to be affixed to his already authorized Vietnam Service Medal.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
_____X___ ____X____ ____X____ 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 partial relief. As a result, the Board recommends that the DD Form 214 of the individual concerned be corrected by adding the Republic of Vietnam Gallantry Cross with Palm Unit Citation and two bronze service stars to be affixed to his already authorized Vietnam Service Medal.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the Purple Heart.
____________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) AR20090004991
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ABCMR Record of Proceedings (cont) AR20090004991
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