IN THE CASE OF:
BOARD DATE: 31 July 2012
DOCKET NUMBER: AR20120001712
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.
2. The applicant states he was wounded in combat on 5 November 1967 in Vietnam and he was treated by medical personnel.
3. The applicant provides:
* Orders for the Bronze Star Medal with "V" Device
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* DD Form 215 (Correction to DD Form 214)
* Discharge orders from the U.S. Army Reserve (USAR)
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 into the Army of the United States on
16 November 1966. He arrived in Vietnam on 4 May 1967. He served as a radio operator assigned to Advisory Team 75, U.S. Military Assistance, Command, Vietnam (USMACV) from 11 May 1967 to 18 August 1968. On 19 August 1968, he was released from active duty and transferred to the USAR Control Group (Annual Training) to complete his remaining service obligation.
3. His DD Form 214 shows the:
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar
4. There are no orders for the Purple Heart in the available records. However, he provided orders for the Bronze Star Medal with "V" Device for heroism on 5 November 1967 in Vietnam and the citation states "Although wounded in the early stages of the enemy attack
."
5. Records show he participated in five campaigns during his assignment in Vietnam.
6. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows USMACV was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders 8, dated 1974.
7. A DD Form 215, dated 13 August 1969, amended his DD Form 214 by adding the Good Conduct Medal and Bronze Star Medal with "V" Device.
8. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.
9. Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal. A silver service star is authorized in lieu of five bronze service stars.
DISCUSSION AND CONCLUSIONS:
1. The applicant's citation for the Bronze Star Medal with "V" Device for heroism on 5 November 1967 in Vietnam which states "Although wounded in the early stages of the enemy attack
." is accepted as sufficient evidence on which to base award of the Purple Heart in this case.
2. He participated in five campaigns during his assignment in Vietnam which entitles him to the Vietnam Service Medal with one silver service star. His DD Form 214 should be corrected to show this award.
3. His unit in Vietnam was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it. His DD Form 214 should be corrected to show this unit award.
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:
a. awarding him the Purple Heart for wounds received in action on
5 November 1967 in Vietnam; and
b. adding the Purple Heart, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one silver service star for wear on his already-awarded Vietnam Service Medal 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) AR20120001712
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20120001712
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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