IN THE CASE OF:
BOARD DATE: 19 January 2012
DOCKET NUMBER: AR20110014908
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 award of the Purple Heart (PH).
2. The applicant states he has not yet been awarded the PH for being wounded in action in the Republic of Vietnam (RVN) on 30 March 1968.
3. The applicant provides a Western Union Telegram in support of his application.
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 record shows the applicant enlisted in the Regular Army on 11 October 1966, and served in an enlisted status until 25 September 1967, at which time he was honorably discharged to accept an appointment as a warrant officer.
3. On 26 September 1967, the applicant was appointed a warrant officer in specialty 062BO (Helicopter Pilot) and remained on active duty in that status. His record shows he served in the RVN from 28 June 1968 through 23 June 1969. During his RVN tour, he was assigned to Troop B and Troop C, 7th Squadron, 17th Cavalry Regiment, performing duties as a helicopter pilot.
4. On 25 March 1970, the applicant was honorably released from active duty in the rank of chief warrant officer two after completing 2 years and 6 months during the period and a total of 3 years, 5 months, and 15 days of active military service. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he received at the time, as amended by a DD Form 215 (Correction of DD Form 214), dated
1 October 2009, shows he earned the following awards:
* Vietnam Service Medal (VSM) with 1 silver service star
* RVN Campaign Medal with 1960 Device
* Air Medal (Numeral 17)
* Army Commendation Medal (ARCOM) with V (Valor) Device
* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Automatic Rifle Bar
* Marksman Marksmanship Qualification Badge with Rifle and Pistol Bars
* Army Aviator Basic Badge
* RVN Gallantry Cross with Palm Unit Citation
5. During the processing of this case, a member of the Board reviewed the Department of the Army Vietnam Casualty Roster. This roster contains an entry pertaining to the applicant confirming he was wounded in action in the RVN on 30 March 1969.
6. The applicant provides a Western Union Telegram addressed to his parents, dated 4 April 1969. This telegram notified his parents the applicant was slightly wounded in action in the RVN on 30 March 1969.
7. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. Paragraph 2-8 contains guidance for award of the PH. It states that in order to support award of the PH there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by military medical personnel, and a record of this treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
The applicant's request to be awarded the PH has been carefully considered and found to have merit. The evidence of record also confirms the applicant was wounded in action in the RVN, on 30 March 1969, as evidenced by an entry on the Vietnam Casualty Roster and the Western Union Telegram provided by the applicant. Therefore, it would be appropriate to award him the PH and to add this award to his record and 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 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 awarding him the Purple Heart for wounds received in action in the RVN on
30 March 1969 and adding this award to 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) AR20110014908
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ABCMR Record of Proceedings (cont) AR20110014908
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