IN THE CASE OF:
BOARD DATE: 24 February 2011
DOCKET NUMBER: AR20100020575
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 his Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states he was wounded in Vietnam on 25 May 1967 and was awarded the Purple Heart. However, that award was not entered on his DD Form 214.
3. The applicant provides his DD Form 214 and a copy of a telegram.
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 applicants military records show that he was inducted in the Army on 4 January 1966, was awarded the military occupational specialty of light weapons infantryman, and served in Vietnam from 21 November 1966 to 6 June 1967. He was transferred to the 249th General Hospital in Japan as a patient on the day following his departure from Vietnam.
3. He was honorably released from active duty on 7 January 1968. The DD Form 214 he was issued shows he was awarded the Vietnam Service Medal, but not the Purple Heart.
4. 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 United States Army Human Resources Command failed to reveal any orders for awarding the applicant the Purple Heart.
5. The Vietnam Casualty Roster has the applicant's name listed as wounded in combat.
6. A telegram is contained in the applicant's records which informed his father and brother that he was slightly wounded in Vietnam on 25 May 1967 by metal fragments to his face and left knee from a booby trap.
7. Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, shows that the applicant's unit was awarded the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for the period 12 December 1966 to 31 August 1970 by Department of the Army General Order 31, dated 1971. That publication also shows the pertinent identified campaign periods, for which a bronze service star is authorized for wear on the Vietnam Service Medal. Those periods are: Counteroffensive Phase III (1 July 1966 through 29 January 1968).
8. Department of the Army General Order Number 8, dated 1974, awarded all personnel assigned to the United States Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
DISCUSSION AND CONCLUSIONS:
1. The Vietnam Casualty Roster and the telegram sent to the applicant's father and brother confirm that he was wounded in action. As such, he is entitled to the Purple Heart and to have that award entered on his DD Form 214.
2. Based upon the applicant's assignment in Vietnam, he is also entitled to a bronze service star to be affixed to his already authorized Vietnam Service Medal, the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, these awards should also be added to the applicant's DD Form 214.
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:
a. awarding him the Purple Heart for wounds incurred in Vietnam on 25 May 1967; and
b. by adding to his DD Form 214 the Purple Heart, the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, a bronze service star to be affixed to his already authorized Vietnam Service Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
_______ _ 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) AR20100020575
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ABCMR Record of Proceedings (cont) AR20100020575
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