BOARD DATE: 8 April 2010
DOCKET NUMBER: AR20090016838
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to add his two Purple Hearts.
2. The applicant states he was wounded when his knee was hit by an armored track on a personnel carrier. He was wounded a second time in a fire fight in Vietnam.
3. The applicant provides his DD Form 214 and five medical treatment records.
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 4 October 1966. He was awarded the military occupational specialty of infantry indirect fire crewman and was promoted to pay grade E-5.
3. On 1 September 1967, the applicant arrived in Vietnam where he served as a gunner with Company C, 1st Battalion, 50th Infantry, 1st Cavalry Division. The applicant's duty status changed to patient on 5 May 1968. He was returned to duty on 20 May 1968 and was assigned to Company C, 1st Battalion, 50th Infantry, 173rd Airborne Brigade.
4. The applicant departed Vietnam on 31 August 1968 and was honorably released from active duty the same day.
5. The medical treatment records provided by the applicant show
* he lacerated his right knee when he accidently slipped off an armored personnel carrier on 26 February 1968
* he was wounded in a fire fight by metal fragments on 5 May 1968
6. The applicant's DA Form 20 (Enlisted Qualification Record), item 40 (Wounds), shows the entry, "fragment wound right arm 5 May 1968."
7. 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.
The campaigns during which the applicant served in Vietnam are: Counteroffensive Phase III (1 July 1966 through 29 January 1968); Tet Counteroffensive (30 January 1968 through 1 April 1968); Counteroffensive IV (2 April 1968 through 30 June 1968); and Counteroffensive Phase V (1 July 1968 through 1 November 1968).
8. Department of the Army General Orders 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.
9. 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.
10. Army Regulation 600-8-22 authorizes, in pertinent part, award of a bronze service star based on qualifying service for each campaign listed in appendix B of this regulation. The regulation states that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.
DISCUSSION AND CONCLUSIONS:
1. The applicant sustained metal fragment wounds in a fire fight in Vietnam on 5 May 1968 and was treated for his wounds. As such, he is entitled to a Purple Heart.
2. However, there is no evidence his knee injury was a result of hostile action. Therefore, there is insufficient evidence in which to award the applicant a second Purple Heart.
3. The applicant is also entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and four bronze service stars to be worn on his already-authorized Vietnam Service Medal based on the dates of his service in Vietnam.
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 all Department of the Army records of the individual concerned be corrected by:
* awarding him the Purple Heart for wounds incurred on 5 May 1968
* deleting from his DD Form 214 the Vietnam Service Medal
* adding to his DD Form 214 the Purple Heart, the Vietnam Service Medal with four bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation
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 award of a second 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) AR20090016838
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