IN THE CASE OF:
BOARD DATE: 25 March 2010
DOCKET NUMBER: AR20090013837
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 corrections of his service record to show award of the Purple Heart (PH) he was awarded.
2. The applicant states he was wounded in action in the Republic of Vietnam (RVN) on 20 May 1970 and as a result he was awarded the PH.
3. The applicant provides a copy of General Orders Number 124, dated 21 May 1970, and a PH certificate in support 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 record shows he initially enlisted in the Regular Army on
13 February 1967. He was trained in and awarded military occupational specialty (MOS) 35K (Aviation Mechanic). He served for 1 year, 6 months, and 20 days until being honorably discharged in the rank/grade of specialist five (SP5)/E-5 in order to accept a U.S. Army Reserve (USAR) commissioned officer appointment. The DD Form 214 he was issued at the time shows he completed 5 months and 24 days of overseas service in the RVN. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he earned the National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), RVN Campaign Medal (RVNCM), Army Good Conduct Medal (AGCM), and the Marksman Marksmanship Qualification Badge with Rifle Bar.
3. On 3 September 1968, the applicant was appointed a USAR second lieutenant and continued serving on active duty in that status. He served on active duty an additional 5 years and 14 days until 16 September 1973, when he was honorably released from active duty, in the rank/grade of captain (CPT)/O-3. The DD Form 214 he was issued at the time shows that during the period covered by the DD Form 214 (3 September 1968 - 16 September 1973) he completed two tours of duty in the RVN. The first tour was from 27 September 1967 through 20 March 1968 and the second tour was from 18 September 1969 through 8 June 1970. The DD Form 214 also shows he earned the AGCM, Army Aviation Badge, Air Medal, RVN Gallantry Cross with Palm Unit Citation, VSM, and the RVNCM with Device (1960).
4. The applicant's record shows he continued to serve in the USAR and Army National Guard (ARNG) not on active duty in both an officer and enlisted status from 17 September 1973 through 1 December 1988, at which time he was honorably discharged from the ARNG and transferred to the Retired Reserve.
5. The applicant provides General Orders Number 124, issued by Headquarters, 91st Evacuation Hospital, dated 21 May 1970. These orders awarded him the PH for being wounded in action in the RVN on 20 May 1970. He also provides a PH certificate, dated 21 May 1970, which corroborates the information in the PH orders.
6. During the processing of this case, a member of the Board staff reviewed the Department of the Army (DA) Vietnam Casualty Roster. This revealed an entry that confirms the applicant was wounded in action in the RVN on 20 May 1970.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the PH he was awarded should be added to his record and DD Form 214 was carefully considered and found to have merit.
2. The evidence includes PH orders and certificate confirming the applicant was awarded the PH for being wounded in action in the RVN on 20 May 1970. This information is corroborated by an entry on the Vietnam Casualty Roster, the official DA list of RVN casualties. Therefore, his records should be corrected to show this award.
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. adding to item 24 of his DD Form 214 for the period ending 16 September 1973 the Purple Heart and
b. providing him a corrected DD Form 214 that includes this award.
___________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) AR20090013837
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ABCMR Record of Proceedings (cont) AR20090013837
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