BOARD DATE: 10 February 2011
DOCKET NUMBER: AR20100018806
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 award of the Purple Heart.
2. He states he was wounded in the Republic of Vietnam (RVN) and he should have three awards of the Purple Heart.
3. He provides copies of:
* General Orders 2264-82, Headquarters, United States Army Vietnam, dated 29 June 1971, announcing award of the Bronze Star Medal with "V" Device with two transmittal letters
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) effective 15 April 1969
* DD Form 214 effective 20 February 1972
* DD Form 214 effective 24 March 1977
* DD Form 214 effective 30 September 1994
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. He is a retired Regular Army sergeant major/pay grade E-9.
3. The applicant's DA Form 2-1 (Personnel Qualification Record) reflects in item 35 (Record of Assignments) that he served in the Republic of Vietnam (RVN) from 13 July 1970 through 18 February 1972.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Forms 214 on file does not show he was awarded the Purple Heart.
5. The Vietnam Casualty Roster does not list his name and a review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart.
6. Item 40 (Wounds) of the applicants DA Form 20 (Enlisted Qualification Record) is blank.
7. Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart to a member of the Armed Force or any civilian national of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the U.S. 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. The applicant provided general orders awarding him the Bronze Star Medal with "V" Device. The order states he was wounded by fragments from an enemy grenade while in contact with the enemy in the RVN on 3 May 1971.
DISCUSSION AND CONCLUSIONS:
1. The orders announcing award of the Bronze Star Medal with "V" Device state he was wounded by fragments from an enemy grenade while in contact with the enemy on 3 May 1971. This is accepted as sufficient evidence that he did receive wounds as a result of hostile action.
2. Therefore, the applicant should be awarded the Purple Heart for the wound that he received on 3 May 1971 and his DD Form 214 for the period ending
30 September 1994 should be corrected to show award of the Purple Heart.
3. There is no available evidence to support the applicant's contention that he should have two additional (a total of three) awards of the Purple Heart.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__x___ ____x____ ___x_____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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 the wound he received on 3 May 1971; and
b. adding the Purple Heart to item 24 of his DD Form 214 for the period ending 30 September 1994.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to two additional awards of the Purple Heart.
__________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) AR20100019110
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100018806
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080018498
His DD Form 214 lists his authorized awards as the National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), Vietnam Service Medal, Combat Infantryman Badge, Army Commendation Medal, and the [Republic of] Vietnam Campaign Medal with 1960 Device. Army Pamphlet 672-3 (Unit Citation and Campaign Credit Register Vietnam) shows that, during the applicant's tour of duty, the 1st Battalion, 46th Infantry Regiment was awarded the Republic of Vietnam...
ARMY | BCMR | CY2004 | 2004101955C070208
It states, in pertinent part, that a bronze service star is authorized with this award for each RVN campaign a member is credited with participating in while serving in the RVN. By regulation, in order to support award of the PH, it is necessary to have evidence confirming the member was wounded in action, was treated for the wound by military medical personnel and this record of treatment must have been made a matter official record. As a result, the Board recommends that all Department...
ARMY | BCMR | CY2010 | 20100016704
Army Regulation 600-8-22 provides that the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. The evidence of record shows he was wounded on 10 January 1971 as a result of hostile action. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of his DD Form 214 the Vietnam Service Medal with one bronze service star; b. awarding him the Army...
ARMY | BCMR | CY2014 | 20140018898
General Orders Number 69, 24th Evacuation Hospital, dated 27 March 1970, announced the award of the Purple Heart to the applicant for wounds received in the RVN. A DA Form 2173 dated 12 November 1970 reported that the applicant was wounded on 25 August 1970 by friendly fire intended to inflict injury on enemy forces. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Purple Heart for wounds...
ARMY | BCMR | CY2012 | 20120000133
Army Regulation 600-8-22 (Military Awards) states the PH is awarded for a wound sustained while in action against an enemy or as a result of hostile action. Army Regulation 600-8-22 states the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the...
ARMY | BCMR | CY2009 | 20090016766
The applicant's DA Form 20 shows: * Item 40 (Wounds) he received a fragment wound to the posterior aspect of the right shoulder on 9 February 1971 * Item 41 (Awards and Decorations) does not include the Purple Heart 7. He is entitled to correction of his records to show this unit 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 injuries received on 9 February 1971, b. deleting...
ARMY | BCMR | CY2011 | 20110010196
This pamphlet shows the 23rd Administration Company was cited in Department of the Army General Orders (DAGO) Number 53, dated 1970, for award of the Meritorious Unit Commendation during the time of the applicant's assignment. Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who completed a qualified period of active duty enlisted service. As a result, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2009 | 20090000195
The applicant requests, in effect, correction of his discharge document to show two awards of the Bronze Star Medal, two awards of the Purple Heart, and any other awards or decorations he may have been awarded during his military service. e. DA Form 4980-10, dated 3 August 1990, that shows the applicant was awarded the Purple Heart for wounds received in action on 7 April 1968 in the RVN. As a result, the Board recommends that all Department of the Army records of the individual concerned...
ARMY | BCMR | CY2011 | 20110000283
Based on the available records, there is insufficient evidence in which to correct his DD Form 214 to show two awards of the Purple Heart. Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of his DD Form 214 the Vietnam...
ARMY | BCMR | CY2009 | 20090017422
The applicant requests correction of his records to show award of the Purple Heart, Bronze Star Medal, and any other decorations to which he is entitled. There are no orders or other evidence in the applicant's military personnel records that show he was awarded the Purple Heart. The applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart, three awards of the Bronze Star Medal, and all other decorations to which he is entitled.