IN THE CASE OF:
BOARD DATE: 15 February 2011
DOCKET NUMBER: AR20100019842
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 any other awards he may be authorized.
2. The applicant states he received shell shrapnel wounds to his left leg and ankle on or about 21 July 1967, when they were ambushed on Route 20 in the Republic of Vietnam.
3. The applicant provides his DD Form 214 and four pages of Department of Veterans Affairs (VA) disability rating related documents.
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. The applicant's military records show he was inducted into the Army of the United States on 1 November 1965. He completed initial entry training, was awarded the military occupational specialty of light weapons infantryman, and was promoted to pay grade E-4.
3. His DA Form 20 (Enlisted Qualification Record) shows he performed duties as a rifleman while assigned to Troop L, 3d Squadron, 11th Armored Cavalry Regiment while in the Republic of Vietnam during the period 23 August 1966 to 22 August 1967.
4. He was honorably released from active duty on 24 August 1967 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation. He completed 1 year, 9 months, and 24 days of creditable active service.
5. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Army Good Conduct Medal, Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and Expert Marksmanship Qualification Badge with Rifle Bar (M-14).
6. Item 40 (Wounds) of his DA Form 20 is blank.
7. Review of the Vietnam Casualty List shows the applicant was listed as "hostile wounded in action, not serious, hospitalized" on 21 July 1967.
8. The applicant's records do not contain any evidence that indicates he was ever awarded the Purple Heart by proper authority.
9. 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.
10. Department of the Army Pamphlet 672-3 shows the unit the applicant was assigned to while serving in the Republic of Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 60, dated 1969.
11. Appendix B of Army Regulation 600-8-22 shows the campaigns for Vietnam. During his tour in Vietnam he participated in the Vietnamese Counteroffensive Phase II (1 July 1966 - 31 May 1967) and Vietnamese Counteroffensive Phase III (1 June 1967 - 29 January 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 contends he received shell shrapnel wounds during an ambush. His name is listed on the Vietnam Casualty List validating that he was wounded in action on 21 July 1967. Therefore, there is sufficient evidence to correct his records to show the Purple Heart.
2. General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit; therefore, he is entitled to correction of his DD Form 214 to show this unit award.
3. The available records show he was awarded the Vietnam Service Medal and that he participated in two campaigns while serving in Vietnam. Therefore, he is entitled to correction of his DD Form 214 to show his already-awarded Vietnam Service Medal with two bronze service stars.
4. In view of the foregoing, the applicant's records should be corrected as shown below.
BOARD VOTE:
___X_____ __X_____ ___X__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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
amending item 24 of his DD Form 214 to add the Purple Heart, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Vietnam Service Medal with two bronze service stars.
_______ _ 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) AR20100019842
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ABCMR Record of Proceedings (cont) AR20100019842
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