IN THE CASE OF:
BOARD DATE: 8 September 2011
DOCKET NUMBER: AR20110004490
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 that his records be corrected to show his award of the Purple Heart.
2. The applicant states his award of the Purple Heart is not listed on his DD Form 214 (Report of Transfer or Discharge).
3. The applicant provides copies of his DD Form 214 and a DA Form 8-275-3 (Clinical Record Cover Sheet).
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 enlisted in the Regular Army on 29 December 1964, completed training, and was awarded military occupational specialty 57H (Cargo Handler).
3. He served in Vietnam with the 36th Evacuation Hospital from 18 February 1966 through 28 May 1966.
4. A DA Form 8-275-3 shows the applicant was wounded in action on 12 March 1966. The form indicated that 3rd Field Hospital General Orders Number 12, dated 14 March 1966 awarded the applicant the Purple Heart. The form noted the applicant was not presented the medal at the hospital.
5. A 3rd Field Hospital Admissions and Disposition Report for 15 March 1966 shows the applicant was hospitalized for multiple fragment wounds to his chest, buttock and thighs on 13 March 1966.
6. The applicant was medically transferred from Vietnam first to Japan and then to Hawaii for treatment. Upon release from treatment, he was assigned to Company C, 6th Special Battalion, 11th Infantry Brigade in Hawaii.
7. His DD Form 214 lists his awards as the National Defense Service Medal and the Expert Marksmanship Qualification Badge with Rifle Bar.
8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows that while the applicant was assigned to the 36th Evacuation Hospital, it was cited for award of the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
9. A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to locate any indication of any personal decorations.
10. Army Regulation 600-8-22 (Military Awards) provides the following:
a. the Vietnam Service Medal is awarded to all members of the armed forces who served in Vietnam or its contiguous waters or airspace during the period 3 July 1965 through 28 March 1973;
b. a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal. The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal. Based on the applicant's dates of service in Vietnam, Appendix B indicates he participated during the Vietnam Counteroffensive, 25 December 1965 - 30 June 1966 campaign period; and
c. the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Republic of Vietnam to members of the armed forces who served at least 6 months in Vietnam or who, because of wounds or capture, were prevented from serving the required 6 months.
DISCUSSION AND CONCLUSIONS:
1. The applicant's award of the Purple Heart for wounds received in action on 13 March 1966 was omitted from his records. It is appropriate to correct the record to show this award.
2. In addition to the awards listed on his DD Form 214, the applicant is also authorized award of the Vietnam Service Medal with one bronze service star, Meritorious Unit Commendation, Republic of Vietnam Campaign Medal with Device (1960), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. These awards are not listed on his DD Form 214.
3. Based on the above facts and finding it is appropriate to correct the applicant's records to show that, in addition to the awards listed on the DD Form 214, the applicant was awarded the Purple Heart, Vietnam Service Medal with one bronze service star, Meritorious Unit Commendation, Republic of Vietnam Campaign Medal with Device (1960), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
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 showing that, in addition to the awards listed on the DD Form 214, the applicant was awarded the Purple Heart, Vietnam Service Medal with one bronze service
star, Meritorious Unit Commendation, Republic of Vietnam Campaign Medal with Device (1960), 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.
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