IN THE CASE OF:
BOARD DATE: 18 May 2010
DOCKET NUMBER: AR20090019355
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 records be corrected to reflect his award of the Purple Heart.
2. The applicant states that he was wounded in action in Cambodia in June 1970 and received the Purple Heart; however, it was not reflected on his records at the time of his release from active duty.
3. The applicant provides a copy of 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 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 was inducted on 6 May 1969 and completed his training as a light weapons infantryman at Fort Ord, California before being transferred to Vietnam on 2 October 1969. He was assigned to Company A, 1st Battalion, 5th Cavalry Regiment.
3. The applicant was wounded in action (fragment wounds of upper right arm with fracture of the humerous and left foot) on 11 June 1970 and his name on the Vietnam Casualty Listing confirms the date. However, there is no evidence in the available records to show that he was awarded the Purple Heart.
4. He was medically evacuated to the 249th General Hospital in Japan and then to the Medical Holding Detachment at Fort Ord, where he remained until he was honorably released from active duty (REFRAD) on 18 December 1970. He had served 1 year, 7 months and 13 days of total active service.
5. The applicants DD Form 214 issued at the time of his REFRAD shows that he was awarded the Bronze Star Medal with V Device, the Air Medal, the Army Commendation Medal with V Device, the National Defense Service Medal, the Vietnam Service Medal (VSM), the Republic of Vietnam Campaign Medal, the Combat Infantryman Badge, and the Expert Marksmanship Qualification Badge with Rifle Bar.
6. A review of the applicants official records shows that he was also awarded the Bronze Star Medal with one oak leaf cluster that is not reflected on his DD Form 214. Additionally, the applicant participated in three campaigns while in Vietnam and is entitled to wear three bronze service stars on his already awarded VSM.
7. 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 been treated by a medical officer, and the medical treatment must have been made a matter of official records.
8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This document shows the unit to which the applicant was assigned was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation, the Valorous Unit Award (VUA), and the Republic of Vietnam Civil Actions Honor Medal First Class (RVNCAHM-FC) Unit Citation for the period he was assigned to the unit.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he was awarded the Purple Heart appears to have merit. He was wounded in action on 11 June 1970 and was medically evacuated from Vietnam for treatment. Therefore, it is reasonable to presume that he was awarded the Purple Heart for his wounds as he contends and that the orders never made it to his official records. Accordingly, it would be in the interest of justice to add the award of the Purple Heart to his records at this time.
2. The applicant was also awarded the Bronze Star Medal with one oak leaf cluster that is not reflected on his records. Accordingly, that award should also be added at this time.
3. The applicants unit was subsequently awarded the RVNGC w/Palm Unit Citation, the VUA, and the RVNCAHM-FC Unit Citation during the period he served with the unit in Vietnam. Additionally, he served in three campaigns and therefore is entitled to be awarded three bronze service stars for wear on his already-awarded VSM
BOARD VOTE:
___X___ ___X____ ___X____ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding of the Purple Heart, the Bronze Star Medal with one oak leaf cluster, the RVNGC w/Palm Unit Citation, the VUA, the RVNCAHM-FC Unit Citation, and three bronze service stars for wear on his already-awarded VSM to his DD Form 214.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply
appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
__________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) AR20090019355
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ABCMR Record of Proceedings (cont) AR20090019355
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