IN THE CASE OF:
BOARD DATE: 3 December 2009
DOCKET NUMBER: AR20090011033
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 correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart.
2. The applicant states that he was given this medal because of a shrapnel wound he received in Vietnam on 27 December 1967.
3. The applicant provides a service medical record, dated 27 December 1967, and a copy of his DD Form 214 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 applicant's 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 applicant's 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 on 10 August 1966. He served as a light weapons infantryman assigned to Company A, 2nd Battalion, 5th Cavalry, 1st Cavalry Division, in Vietnam from 25 April 1967 through 19 April 1968. On 9 August 1968, he was released from active duty in the temporary rank of specialist four after completing 2 years of creditable active service with no time lost.
3. The applicant's DD Form 214 shows the National Defense Service Medal, the Army Good Conduct Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Air Medal, the Combat Infantryman Badge, and the Marksman Marksmanship Qualification Badge with Rifle Bar as authorized awards.
4. There are no orders for the Purple Heart in the available records.
5. The applicant's DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Purple Heart and item 40 (Wounds) of his DA Form 20 is blank. The applicant's name does not appear on the Vietnam casualty roster.
6. In support of his claim, the applicant provided a service medical record, dated 27 December 1967, which shows he sustained a fragment wound to his left leg while on a search and destroy mission. The record also shows he was treated for a contusion and abrasion of his left leg from shrapnel.
7. Records show the applicant participated in four campaigns during his assignment in Vietnam.
8. 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 pamphlet shows the 2nd Battalion, 5th Cavalry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 59, dated 1969.
9. 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.
10. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star based on qualifying service for each campaign listed in appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, including the Vietnam Service Medal.
DISCUSSION AND CONCLUSIONS:
1. The medical evidence of record which shows the applicant was treated for a fragment wound to his left leg on 27 December 1967 in Vietnam incurred while on a search and destroy mission is accepted as sufficient evidence on which to award him the Purple Heart and amend his DD Form 214 by adding the Purple Heart.
2. The applicant participated in four campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with four bronze service stars. Therefore, his DD Form 214 should be corrected to show four bronze service stars for his already-awarded Vietnam Service Medal.
3. The applicant's unit was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it. Therefore, his DD Form 214 should be corrected to show this unit citation.
BOARD VOTE:
________ ________ ________ 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 a combat wound sustained on 27 December 1967 and
b. adding the Purple Heart, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four bronze service stars for wear on his already-awarded Vietnam Service Medal to his DD Form 214.
_________________________
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.
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