IN THE CASE OF:
BOARD DATE: 16 February 2011
DOCKET NUMBER: AR20100020837
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 the Purple Heart be added to his DD Form 214 (Report of Transfer or Discharge) for the period ending 6 May 1967.
2. The applicant states:
* He was awarded the Purple Heart in March 1966 for being injured by a punji stake while serving with 1st Squad, Recon Platoon, Company D, 5th Battalion, 7th Cavalry Regiment, 1st Cavalry Division
* He was injured in combat operations by the enemy in Vietnam
3. The applicant provides:
* Award certificate for the Purple Heart
* DD Form 214 for the period ending 6 May 1967
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 was inducted into the Army of the United States on 11 June 1957. On 10 June 1959, he was honorably discharged. He enlisted in the Regular Army on 11 June 1959 and remained on active duty through continuous reenlistments. His DA Form 20 (Enlisted Qualification Record) shows he served as a light weapons infantryman assigned to Company D, 5th Battalion, 7th Cavalry of the 1st Cavalry Division in Vietnam from 2 August 1966 until he was hospitalized on 4 April 1967 in Japan. On 6 May 1967, he was honorably discharged.
3. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 6 May 1967 does not show the Purple Heart as an authorized award.
4. There are no orders for the Purple Heart in his service personnel records.
5. Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show the Purple Heart and item 40 (Wounds) of his DA Form 20 is blank. His name does not appear on the Vietnam casualty roster.
6. 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 United States Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.
7. His records contain a letter, dated 5 March 1970, from Department of the Army, The Adjutant General's Office (TAGO), U.S. Army Administration Center, St. Louis, MO which states, in pertinent part, the applicant "was authorized the Combat Infantryman Badge and the Purple Heart."
8. In support of his claim, the applicant provided an award certificate for the Purple Heart for wounds received in action on 27 March 1967 in Vietnam.
9. Records show he participated in one campaign during his assignment in Vietnam.
10. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the 5th Battalion, 7th Cavalry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 59, dated 1969.
11. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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.
12. 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.
DISCUSSION AND CONCLUSIONS:
1. There are no orders for the Purple Heart. However, the 5 March 1970 TAGO letter states the applicant was authorized the Purple Heart and he provided an award certificate for the Purple Heart for wounds received in action on 27 March 1967 in Vietnam. Any reasonable doubt should be resolved in the applicant's favor; therefore, the award certificate provided by him is accepted as a sufficient basis for adding the Purple Heart to his DD Form 214.
2. He participated in one campaign during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with one bronze service star. His DD Form 214 should be corrected to show this award.
3. His unit was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it. His DD Form 214 should be corrected to show this unit award.
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 adding the Purple Heart, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one bronze service star for wear on his already-awarded Vietnam Service Medal to item 24 of 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) AR20100020837
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ABCMR Record of Proceedings (cont) AR20100020837
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