IN THE CASE OF:
BOARD DATE: 7 July 2011
DOCKET NUMBER: AR20100029253
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 add the Purple Heart.
2. The applicant states he received a Purple Heart for being wounded in 1969. He believes its omission from his DD Form 214 is an administrative error.
3. The applicant provides his Purple Heart Certificate.
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's military records show he enlisted in the Regular Army on 21 September 1967, was awarded the military occupational specialty of cook, served in the Republic of Vietnam (RVN) from 23 April 1968 to 18 April 1969, and was promoted to pay grade E-4.
3. On 21 January 1969, a telegram was sent to the applicant's relatives informing them the applicant was slightly wounded in Vietnam on 20 January 1969. He was in base camp when he was hit by fragments from a hostile grenade during an attack on the base camp. He received fragment wounds to both arms and left leg. He was treated and returned to duty.
4. On 22 January 1969, he was awarded the Purple Heart for wounds incurred on 20 January 1969 by 8th Field Hospital General Orders Number 2.
5. On 30 April 1969, he was honorably released from active duty. His DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, RVN Campaign Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and two overseas service bars.
6. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit was awarded the RVN Civil Actions Honor Medal First Class Unit Citation and the RVN Gallantry Cross with Palm Unit Citation for a period in which the applicant was assigned to that unit. This publication also shows the pertinent identified campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.
For the applicant, those periods are the Vietnam Counteroffensive Phase IV (2 April through 30 June 1968), Vietnam Counteroffensive Phase V (1 July through 1 November 1968), Vietnam Counteroffensive Phase VI (2 November 1968 through 22 February 1969), and Tet 69 Counteroffensive 1969 (23 February through 8 June 1969).
7. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service medal, to include the Vietnam Service Medal, for each credited campaign participation.
8. The RVN casualty list contains the applicant's name and shows he was slightly wounded as a result of hostile action on 20 January 1969.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the Purple Heart by general orders. It would now be appropriate to add that award to his DD Form 214.
2. By virtue of the applicant's assignment in Vietnam, he is also entitled to have his DD Form 214 amended to add the RVN Civil Actions Honor Medal First Class Unit Citation, the RVN Gallantry Cross with Palm Unit Citation, and four bronze service stars to his already-authorized Vietnam Service Medal.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 his DD Form 214 to add the Purple Heart, the RVN Civil Actions Honor Medal First Class Unit Citation, the RVN Gallantry Cross with Palm Unit Citation, and four bronze service stars to his already-authorized Vietnam Service Medal.
___________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) AR20100029253
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ABCMR Record of Proceedings (cont) AR20100029253
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