IN THE CASE OF:
BOARD DATE: 12 July 2012
DOCKET NUMBER: AR20120000609
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 (Report of Separation from Active Duty).
2. The applicant states that he was awarded the Purple Heart for wounds received in Vietnam and it has never been added to his DD Form 214.
3. The applicant provides a copy of a DA Form 1577 (Authorization for Issuance of Awards), copies of his DD Forms 214, and a copy of a letter from the staff of the Board.
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 applicants active duty records are not available for review by the Board. However, there are sufficient records available to conduct an impartial review of his case.
3. The applicant enlisted in the Regular Army on 4 June 1968 for a period of 3 years. He completed his training as a dental removal prosthetis specialist and on 19 April 1970 was transferred to Vietnam and served there until 3 August 1970. He had served in three campaigns.
4. On 26 November 1970, he was honorably discharged at Fort Sill, Oklahoma, for the purpose of immediate reenlistment. On 27 November 1970, he reenlisted for a period of 6 years and served until he was honorably discharged at Fort Sill on 6 December 1976. He had served 9 years, 2 months, and 27 days of active service and his DD Form 214 issued at the time of his discharge shows that he was awarded the Republic of Vietnam Campaign Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, National Defense Service Medal, Vietnam Service Medal (VSM), and Good Conduct Medal.
5. On 15 April 1991, in response to a congressional inquiry on behalf of the applicant, the Personnel Service Division at the U.S. Army Reserve Personnel Center (ARPERCEN) authorized the issuance of a Purple Heart Medal set to the applicant. A memorandum for record was noted on the response indicating that clinical records at Brooke General Hospital, Fort Sam Houston, Texas, showed that the applicant was classified as a battle casualty.
6. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.
7. Army Regulation 600-8-22 states a bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal.
DISCUSSION AND CONCLUSIONS:
1. While there are no records available to show that he was awarded the Purple Heart, there is sufficient evidence to show that the applicant was wounded/injured as a result of enemy action in Vietnam.
2. There is also evidence to show that the applicant was issued a Purple Heart medal set.
3. Accordingly, it would appropriate at this time to add the award of the Purple Heart to his last DD Form 214.
4. Additionally, the applicant served in three campaigns and thus is authorized to wear three bronze service stars on his already-awarded VSM. Accordingly, his bronze service stars should be added to his last 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 Purple Heart and three bronze service stars to his already-awarded VSM to his DD Form 214 for the period ending 6 December 1970.
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) AR20120000609
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ABCMR Record of Proceedings (cont) AR20120000609
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