BOARD DATE: 10 February 2011
DOCKET NUMBER: AR20100019117
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 and the Bronze Star Medal.
2. He states he was:
* wounded during combat in Vietnam in 1968
* assigned to the 2nd Battalion, 16th Infantry Regiment, 1st Infantry Division
* treated by a medic
3. He provides 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 was inducted into the Army of the United States on 13 September 1967. His DD Form 214 shows he served in Vietnam and completed 11 months and 24 days of foreign service.
3. His DA Form 20 (Enlisted Qualification Record) is not in his available service records. His service record does not contain any orders which show he was awarded the Purple Heart. The Vietnam casualty roster doesn't list his name.
4. 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 orders for the Purple Heart pertaining to the applicant.
5. ADCARS included General Orders Number 1044, dated 7 February 1969, awarding him the Bronze Star Medal for service in Vietnam from March 1968 to March 1969.
6. He was released from active duty on 12 September 1969. His DD Form 214 shows he was awarded the:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
7. References:
a. 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.
b. Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign. A silver service star is authorized in lieu of five bronze service stars. Appendix B shows that during his service in Vietnam, participation credit was awarded for the:
* Tet Counteroffensive (30 January 1968-1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April 1968-30 June 1968)
* Vietnam Counteroffensive Phase V (1 July 1968-1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* Tet 69 Counteroffensive 1969 (23 February 1969-8 June 1969)
DISCUSSION AND CONCLUSIONS:
1. The applicant's service record does not contain orders which authorized him award of the Purple Heart and his name isn't listed on the Vietnam casualty roster. Although he contends he was wounded in Vietnam in 1968 and was treated by a medic, his service record is void of evidence to support his claims. In the absence of evidence of record which shows he was wounded or injured as a result of hostile action, there is insufficient evidence upon which to base adding the Purple Heart to his DD Form 214.
2. General orders show he was awarded the Bronze Star Medal. Therefore, his DD Form 214 should be amended to show this decoration.
3. His DD Form 214 currently reflects the Vietnam Service Medal. Additionally, he received credit for participation in five campaigns during the Vietnam War. Therefore, his DD Form 214 should be amended to reflect one silver service star for wear on his previously-awarded Vietnam Service Medal.
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 amending his DD Form 214 by adding the Bronze Star Medal and one silver service star to be affixed to his previously-awarded Vietnam Service Medal.
2. The Board further determined 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 award 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) AR20100019117
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100019117
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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