IN THE CASE OF:
BOARD DATE: 20 September 2011
DOCKET NUMBER: AR20110005493
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 award of the Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states that he was awarded the Purple Heart for wounds received in Vietnam on 26 September 1970 and the award was omitted from his DD Form 214.
3. The applicant provides a copy of 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 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 in Chicago, Illinois on 12 November 1969. He completed his basic training at Fort Campbell, Kentucky and his advanced individual training as a cannoneer at Fort Sill, Oklahoma before being transferred to Vietnam on 11 June 1970 for assignment to Headquarters and Headquarters Battery, 1st Battalion, 21st Artillery Regiment, 1st Cavalry Division.
3. On 26 September 1970 he was wounded in action and was evacuated to the 249th General Hospital in Japan. On 13 October 1970 he was transferred t the Naval Hospital at Great Lakes, Illinois. On 15 January 1971 he was transferred to Fort Hood, Texas.
4. On 16 August 1971 he was honorably released from active duty (REFRAD) to attend school. He had served 1 year, 9 months and 5 days of active service. His DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal with 2 bronze service stars, the Republic of Vietnam Campaign Medal and the Good Conduct Medal.
5. A review of the applicants official records failed to show orders for award of the Purple Heart. However, the applicants name is contained on the Vietnam Casualty Listing as being wounded on 26 September 1970. The Purple Heart Certificate provided by the applicant reflects that the Purple Heart was awarded on 29 October 1970 at the Great Lakes Naval Hospital.
6. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. It shows that during the applicant's assignment his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit.
DISCUSSION AND CONCLUSIONS:
1. Although there are no orders in the available records, the evidence of record shows that he was in fact wounded in Vietnam on 26 September 1970 and he was subsequently evacuated as a result of those wounds. Accordingly, it is reasonable to presume that he was in fact awarded the Purple Heart and thus is entitled to have that award entered on his DD Form 214 at this time.
2. Additionally, the applicants unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit. Accordingly, that award should also be added to his DD Form 214 at this time.
BOARD VOTE:
___X____ ____X___ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 awards of the Purple Heart and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ _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) AR20110005493
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ABCMR Record of Proceedings (cont) AR20110005493
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