IN THE CASE OF:
BOARD DATE: 18 January 2011
DOCKET NUMBER: AR20100018005
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect his award of the Purple Heart.
2. The applicant states that his DD Form 214 does not reflect his award of the Purple Heart.
3. The applicant provides:
* a copy of his Purple Heart Certificate
* a copy of a Western Union Telegram to his parents
* a copy of his DD Form 214
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 enlisted in the Regular Army in Los Angeles, California, on 12 March 1969 for a period of 2 years. He completed basic and advanced individual training as a light weapons infantryman at Fort Ord, California, before being transferred to Vietnam on 14 August 1969.
3. He was assigned to Company B, 4th Battalion, 31st Infantry Regiment, on 9 December 1969. On 15 January 1970, the applicant was slightly wounded in action when a hostile booby trap detonated and he received fragmentation wounds to his upper arm. He was treated at the 91st Evacuation Hospital and was returned to duty. There are no orders in the available records to show he was awarded the Purple Heart; however, his records reflect the wound and his name is shown on the Vietnam casualty listing.
4. He participated in four campaigns and departed Vietnam on 9 August 1970. He was transferred to Fort Polk, Louisiana, where he remained until he was honorably released from active duty on 4 January 1971 to attend school. He completed 1 year, 9 months, and 23 days of total active service. His DD Form 214 issued at the time of his separation shows he was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM), the Army Commendation Medal, the Republic of Vietnam Campaign Medal, the Army Good Conduct Medal, and the Combat Infantryman Badge.
5. 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 a medical officer, and the medical treatment must have been made a matter of official record.
6. Army Regulation 600-8-22 provides for the wear of a bronze service star on the appropriate service medal, to include the Vietnam Service Medal, for each campaign participation credit.
7. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. Table 1 (Army Units in Numerical Order) of the pamphlet indicates the applicant's unit was awarded the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation and the Presidential Unit Citation (PUC) during the period he was assigned to the unit.
DISCUSSION AND CONCLUSIONS:
1. The applicant has shown sufficient evidence both in the evidence submitted with his application and the evidence of record to establish that he was wounded as a result of enemy actions and that treatment was made a matter of record. Therefore, it is reasonable to presume he was awarded the Purple Heart as he claims and to add it to his records at this time.
2. The evidence of record shows he participated in four campaigns and is entitled to wear four bronze service stars on his already-awarded VSM.
3. The evidence of record shows he is entitled to have awards of the RVN Gallantry Cross with Palm Unit Citation and the PUC added to his records.
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 concerned be corrected by:
* deleting the VSM from his DD Form 214
* adding the Purple Heart, the VSM with four bronze service stars, the RVNGC with Palm Unit Citation, and the PUC 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) AR20100018005
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ABCMR Record of Proceedings (cont) AR20100018005
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