Search Decisions

Decision Text

ARMY | BCMR | CY2010 | 20100018005
Original file (20100018005.txt) Auto-classification: Approved

		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



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100018005



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2010 | 20100030237

    Original file (20100030237.txt) Auto-classification: Approved

    His DA Form 66 (Officer Qualification Record) shows in: * item 1 (Name and Service Number) the service number O5 XXX XXX and the social security number (SSN) XXX-X6-XXXX * item 17 (Foreign Service) he was credited with service in Vietnam from 11 February through 6 December 1968 * item 18 (Record of Assignments) he was assigned for duty in Vietnam with the following 9th Infantry Division units: * Headquarters and Headquarters Company (HHC), 2d Battalion, 39th Infantry, from 18 February to 6...

  • ARMY | BCMR | CY2010 | 20100019045

    Original file (20100019045.txt) Auto-classification: Approved

    The applicant requests that his records be corrected to reflect: * two awards of the Purple Heart * two awards of the Bronze Star Medal (BSM) * one award of the Army Commendation Medal (ARCOM) * the addition of the Combat Infantryman Badge (CIB) and the Parachutist Badge * the addition of the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation * a change of his rank to sergeant (SGT) as reflected on his Purple Heart Citation, dated 3 June 1968 2. The applicant provides copies...

  • ARMY | BCMR | CY2013 | 20130019581

    Original file (20130019581.txt) Auto-classification: Approved

    The applicant requests correction of his record to show award of the Purple Heart. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * ARCOM * Air Medal * Vietnam Service Medal (VSM) * Combat Infantryman Badge * Republic of Vietnam Campaign Medal with Device (1960) * Parachutist Badge 11. 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...

  • ARMY | BCMR | CY2010 | 20100021419

    Original file (20100021419.txt) Auto-classification: Approved

    The applicant requests, in effect, to be awarded the Purple Heart and that his records be corrected to show awards of the Vietnam Service Medal (VSM) with two or three bronze service stars, the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation, the RVN Civil Actions Honor Medal First Class Unit Citation, the Air Medal, his marksmanship badges, and any other awards to which he is entitled. The applicant states that some of his awards were left off of his DD Form 214 (Armed...

  • ARMY | BCMR | CY2010 | 20100017089

    Original file (20100017089.txt) Auto-classification: Approved

    The evidence of record supports the applicant's request for correction of FSM's record to show award of the Purple Heart. The evidence of record confirms the FSM served honorably during the period 9 September 1966 to 24 July 1968 and, with the exception of "unknown" ratings during his hospitalization, received "excellent" conduct and efficiency ratings throughout his military service. As a result, the Board recommends that all Department of the Army records of the individual concerned be...

  • ARMY | BCMR | CY2015 | 20150001805

    Original file (20150001805.txt) Auto-classification: Approved

    The applicant's military records show he was inducted into the Army of the United States on 13 June 1968. Thus, it would be appropriate to award the applicant the PH for wounds received in action in the RVN on 20 May 1969. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from his DD Form 214 the: * Bronze Star Medal * Vietnam Service Medal with 2 bronze service stars b. awarding him the Purple Heart for...

  • ARMY | BCMR | CY2011 | 20110015901

    Original file (20110015901.txt) Auto-classification: Approved

    The evidence of record confirms the applicant was awarded the BSM with “V” Device for heroism in the RVN on 9 May 1968 and this award was announced and authorized in GOs issued by the 199th Infantry Brigade, as evidenced by an entry in item 41 of his DA Form 20. The evidence of record also confirms the applicant received "excellent" conduct and efficiency ratings at all of his active duty assignments. As a result, the Board recommends that all Department of the Army records of the...

  • ARMY | BCMR | CY2011 | 20110004899

    Original file (20110004899.txt) Auto-classification: Approved

    The wound was documented in item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record). Therefore, it would be appropriate to award him the Purple Heart and to correct his DD Form 214 to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the PH for wounds received as a result of hostile action on 14 March 1970; b. awarding him the AGCM (First Award) for the period 8 April 1969...

  • ARMY | BCMR | CY2011 | 20110005917

    Original file (20110005917.txt) Auto-classification: Approved

    The evidence of record shows the applicant was wounded on 21 July 1970 as a result of hostile action. Therefore, it would be appropriate to award him the Purple Heart and to correct his DD Form 214 to show this award. 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 as a result of hostile action on 21 July 1970, b. deleting the ARCOM (1st Oak Leaf Cluster) and the VSM...

  • ARMY | BCMR | CY2014 | 20140007033

    Original file (20140007033.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The citation on the general orders awarding him the BSM with "V" Device states that he was seriously wounded in action. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the PH for a wound he received on 29 January 1968; b. deleting the BSM and VSM from his DD Form 214; and c. adding to his DD Form 214 the...