BOARD DATE: 6 July 2010
DOCKET NUMBER: AR20090021504
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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart.
2. The applicant states:
* the Purple Heart is not shown on his DD Form 214
* he deserves to have his DD Form 214 show he was awarded the Purple Heart
3. The applicant provides 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 7 March 1968. He arrived in Vietnam on 26 February 1969. He served as a light weapons infantryman assigned to Company A, 3rd Battalion, 60th Infantry, in Vietnam from 15 March 1969 until he was hospitalized on 19 May 1969. He departed Vietnam on 25 July 1969. On 6 March 1970, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.
3. The applicant's DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Combat Infantryman Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar as authorized awards.
4. There are no orders in the available records which show the applicant received the Purple Heart. However, the Vietnam casualty roster shows the applicant was wounded on 16 May 1969.
5. Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he was wounded on 16 May 1969 and sustained fragment wounds to his legs and back.
6. A Standard Form 89 (Report of Medical History), dated 5 February 1970, states the applicant was "wounded in Vietnam" and he sustained fragment wounds in Vietnam.
7. 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 3rd Battalion, 60th Infantry, was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during a period of time the applicant was assigned to the unit based on Department of the Army General Orders Number 59, dated 1969.
8. A DD Form 215 (Correction to DD Form 214), dated 30 November 2009, amended the applicant's DD Form 214 by deleting the Vietnam Service Medal and adding the Army Commendation Medal with "V" Device with Third Oak Leaf Cluster, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Campaign Medal with Device (1960), and Vietnam Service Medal with two bronze service stars.
9. Army Regulation 600-8-22 (Military Awards) provides 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.
DISCUSSION AND CONCLUSIONS:
1. The entry on the applicant's DA Form 20 and the entry on the Vietnam casualty roster which show the applicant was wounded in action on 16 May 1969 are accepted as sufficient evidence with which to award the Purple Heart in this case.
2. The applicant's unit was cited for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it. Therefore, his DD Form 214 should be corrected to show this unit 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. awarding him the Purple Heart for wounds received in action on 16 May 1969 in Vietnam and
b. adding the Purple Heart and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation on 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) AR20090021504
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ABCMR Record of Proceedings (cont) AR20090021504
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