BOARD DATE: 30 September 2010
DOCKET NUMBER: AR20100010954
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 his DD Form 214 does not show he was awarded the Purple Heart.
3. The applicant submits 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's records show he was inducted into the Army of the United States on 4 October 1966.
3. Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 5 April 1967 through 4 April 1968 and was assigned to Company A, 2nd Battalion, 8th Infantry Regiment, 4th Infantry Division.
4. Item 40 (Wounds) of the applicant's DA Form 20 shows he received fragment wounds to his bridge, nose, and above his right eye on 22 February 1968.
5. The applicant's name is listed on the Vietnam casualty roster.
6. On 3 October 1968, the applicant was released from active duty and transferred to the U.S. Army Reserve. He completed 2 years of active service. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Army Good Conduct Medal, RVN Campaign Medal, Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), Combat Infantryman Badge, and two overseas service bars.
7. 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.
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 pamphlet shows the unit to which the applicant was assigned was cited for award of the following:
a. October 1966 through 28 July 1969 - RVN Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 3, dated 1970, and
b. 1 October 1966 through 31 October 1969 RVN Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 53, dated 1970.
9. Appendix B of Army Regulation 600-8-22 lists the campaigns for the Vietnam Conflict. Based on the applicant's period of service in Vietnam, he participated in the Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967), Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968), Tet Counteroffensive (30 January 1967-1 April 1968), and Vietnam Counteroffensive Phase IV (2 April 1968-30 June 1968) campaigns. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.
DISCUSSION AND CONCLUSIONS:
1. The applicant's name is listed on the Vietnam casualty roster for wounds received on 22 February 1968. This is sufficient evidence to support his contention that he was awarded the Purple Heart. Therefore, his record should be corrected to show the award of the Purple Heart.
2. General orders awarded the applicant's unit the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation during his tenure of assignment. Therefore, he is entitled to correction of his records to show these unit awards.
3. Records show the applicant participated in four campaigns during his service in the RVN. Therefore, he is entitled to four bronze service stars to be worn on his already-awarded Vietnam Service Medal.
BOARD VOTE:
___x____ ___x____ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ _______ _________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual be corrected by:
a. deleting the Vietnam Service Medal from item 24 of the applicant's DD Form 214 and
b. adding the Purple Heart, Vietnam Service Medal with four bronze service stars, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation to item 24 of the applicant's 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) AR20100010954
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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