IN THE CASE OF:
BOARD DATE: 6 April 2010
DOCKET NUMBER: AR20090015918
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 record to show award of the Purple Heart.
2. The applicant states he suffered a gunshot wound in battle in Vietnam. He received the Purple Heart when he was discharged from the hospital in Saigon. However, there is no record of it being awarded to him.
3. The applicant provides a Department of Veterans Affairs progress note and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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's military records show that he was inducted into the Army of the United States on 17 July 1968 and was awarded the military occupational specialty of light weapons infantryman.
3. The applicant served in Vietnam from 13 December 1968 to 21 June 1969 and in Korea from 19 July 1969 to 20 December 1969.
4. The applicant was honorably released from active duty on 24 July 1970.
5. The applicant's DA Form 20 (Enlisted Qualification Record), item 40 (Wounds), shows the entry "GSW (R) Shoulder [gunshot wound right shoulder]."
6. The Vietnam casualty list shows the applicant was wounded on 14 May 1969.
7. Department of the Army General Order Number 8, dated 1974, awarded all personnel assigned to U.S. 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 DA Form 20 and the Vietnam casualty list confirm that he was wounded in action. As such, he is entitled to the Purple Heart.
2. The applicant is also entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
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
* awarding him the Purple Heart for wounds incurred on 14 May 1969
* adding the Purple Heart and the Republic of Vietnam Gallantry Cross with Palm Unit Citation 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) AR20090015918
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ABCMR Record of Proceedings (cont) AR20090015918
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