IN THE CASE OF:
BOARD DATE: 15 October 2009
DOCKET NUMBER: AR20090006948
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.
2. The applicant states that he was injured while on a search and destroy mission at 1630 hours, 28 February 1967, in Vietnam. He was recommended for the Purple Heart but never received it.
3. The applicant provides his DD Form 214 and a DA Form 8-275-3 (Clinical Record Cover Sheet) dated 18 March 1967.
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 on 29 September 1965, was awarded the military occupational specialty of field artillery operations and intelligence assistant, and was promoted to pay
grade E-4.
3. He was assigned to Vietnam on 5 July 1966 and was assigned to Battery A, 3d Battalion, 82nd Artillery, 196th Infantry Brigade.
4. On 1 March 1967, the applicant was treated at the 30th Evacuation Hospital. In the clinical record of the treatment it was stated that the applicant was injured as the result of hostile action by a fragment wound to his left elbow. On a subsequently prepared Clinical Record Cover Sheet it was stated "Wound fragment left elbow, no nerve or artery involvement . . . 1630 hrs 28 Feb 67 patient was injured while on Search and Destroy Mission when ammo exploded
. . . PATIENT WAS RECOMMENDED FOR PURPLE HEART THIS STATION NOT AWARDED THIS STATION."
5. The applicant was honorably released from active duty on 3 July 1967. The DD Form 214 he was issued shows he was awarded the National Defense Service Medal, Vietnam Campaign Medal, Vietnam Service Medal, the Good Conduct Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar.
6. 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. For the applicant those periods are: Counteroffensive Phase III (1 July 1966 through 29 January 1968).
7. Department of the Army General Order Number 8, dated 1974, awarded all units 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 (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. The applicant's medical records show that he was wounded as a result of hostile action while on a search and destroy mission in Vietnam and he received medical treatment for the wound. As such, he is entitled to the Purple Heart.
2. Based on his service in Vietnam, the applicant is also entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and a bronze service star to be worn on his already authorized Vietnam Service Medal.
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 incurred on 28 February 1967; and
b. adding the Purple Heart, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and a bronze service star to be worn on his already-authorized Vietnam Service Medal 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) AR20090006948
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ABCMR Record of Proceedings (cont) AR20090006948
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