BOARD DATE: 4 October 2012
DOCKET NUMBER: AR20120006961
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 the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) of his deceased brother, a former service member (FSM), be corrected to show his award of the Purple Heart.
2. The applicant states his brother was wounded in Vietnam on 3 January 1969 and his award of the Purple Heart is not reflected on his DD Form 214.
3. The applicant provides a copy of the FSMs DD Form 214, Honorable Discharge Certificate, death certificate, and a copy of the casualty message sent to his mother.
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 applicant's 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 applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The FSM was inducted on 8 February 1968. He completed his basic training at Fort Benning, Georgia and his advanced individual training as a light weapons infantryman at Fort Polk, Louisiana before being transferred to Vietnam on 12 July 1968.
3. He was assigned to B Company, 3rd Battalion, 39th Infantry Regiment, 9th Infantry Division for 8 days before being transferred to Headquarters and Headquarters Company, 9th Infantry Division. On 22 November 1968, he was assigned to Company E, 50th Infantry Regiment and on 3 January 1969 he was wounded in action by fragments from a booby trap. He received fragment wounds to the left leg and neck.
4. On 1 February 1969 he was assigned to Company C, 75th Ranger Regiment and on 28 June 1969 he was assigned to Company B, 75th Ranger Regiment.
5. He served in four campaigns and departed Vietnam on 11 July 1969. He was honorably released from active duty (REFRAD) on 6 February 1970 due to the expiration of his term of service (ETS). He had served 1 year, 11 months, and 29 days of active service.
6. The FSMs DD Form 214 issued at the time of his REFRAD shows that he was awarded the Bronze Star Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Vietnam Service Medal, Combat Infantryman Badge, Republic of Vietnam Campaign Medal with Device (1960), National Defense Service Medal, Good Conduct Medal, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation with one oak leaf cluster (OLC).
7. 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.
8. Army Regulation 600-8-22 states a bronze service medal is worn on the appropriate service medal, to include the Vietnam Service Medal, for each campaign participation credit.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record clearly shows that the FSM was wounded as a result of enemy action and that treatment for his wounds was made. Therefore, it is reasonable to presume that he was awarded the Purple Heart and it should be added to his DD Form 214 at this time.
2. The FSM also served in four campaigns and thus is entitled to wear four bronze service stars on his already awarded Vietnam Service Medal and to have them added to his DD Form 214.
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:
* Deleting the award of the Vietnam Service Medal from the FSMs DD Form 214
* Adding the awards of the Purple Heart and the Vietnam Service Medal with four bronze service stars to his DD Form 214
2. The Board wants the applicant and all others to know that the sacrifices made by his late brother 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) AR20120006961
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120006961
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2006 | 20060001212C070205
The applicant, the widow of a former service member (FSM), requests through her Member of Congress (MOC), in effect, that the FSM be awarded two Purple Hearts, in effect, the Purple Heart, with oak leaf cluster, for wounds received in Vietnam and that these awards be added to his DD Form 214, Armed Forces of the United States, Report of Transfer or Discharge. The FSM's DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the bronze service stars to which the...
ARMY | BCMR | CY2013 | 20130008304
DA Pamphlet 672-3 also shows his unit, Company C, 75th Infantry, was cited for the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 1 August 1965 through 16 April 1971, by DAGO Number 54, dated 1974 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 15 April 1969 through 16 March 1971, by DAGO Number 5, dated 1973 23. The evidence of record shows he was awarded two awards of the Army Good Conduct Medal. As a result, the...
ARMY | BCMR | CY2007 | 20070008609
There is no evidence that the FSM was awarded the Overseas Service Bar, the Valorous Unit Award, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for his service in Vietnam. The evidence of record shows that the FSM was awarded posthumously, the Purple Heart Medal, the Good Conduct Medal, and the Combat Infantryman Badge, and prior to his death, he was awarded the second Purple Heart Medal, the National Defense Service Medal, the Vietnam Service Medal with one...
ARMY | BCMR | CY2004 | 20040011186C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 1 September 2005 DOCKET NUMBER: AR20040011186 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. In the absence of evidence to show award of Bronze Star Medal there is no basis to grant relief in this case. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2006 | 20060001985C070205
Item 41, of the applicant's DA Form 20, shows he was awarded the Good Conduct Medal, by General Orders 70, published by the 199th Infantry Brigade, on 19 July 1970; however, these award orders are not in the applicant's service personnel records and the award was not transposed to the applicant's DD Form 214 on his release from active duty. Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, which lists unit awards...
ARMY | BCMR | CY2011 | 20110001850
The FSM's military service records do not contain a DD Form 214 for the period of service from 20 January 1953 through 27 November 1955. The applicant's military personnel record does not contain any orders or other evidence showing he was recommended for or awarded the Combat Infantryman Badge (2nd Award). The evidence of record shows that during the period of service: a.
ARMY | BCMR | CY2003 | 2003086806C070212
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. He further states that he was told that his recommendation for award of the Purple Heart was misrouted and he never received it. The Board finds that here is sufficient evidence to show that the applicant was wounded on 6 July 1970, while serving as an infantryman in Vietnam and that the wound was documented...
ARMY | BCMR | CY2013 | 20130014046
In the absence of official orders or other documentary evidence that conclusively shows he actively participated in ground combat while assigned to an infantry unit, there is insufficient evidentiary basis for awarding the Combat Infantryman Badge. The evidence of record shows he participated in one campaign while serving in Vietnam; therefore, he is entitled to correction of his DD Form 214 to show one bronze service star affixed to his previously-awarded Vietnam Service Medal. As a...
ARMY | BCMR | CY2014 | 20140001710
The applicant states that his personnel records show the entry fragment wounds to back on 19 August 1969. 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. He departed Vietnam on 11 June 1970 and was transferred to Fort Lewis, Washington where he was honorably released from active duty (REFRAD) as an overseas returnee on that date.
ARMY | BCMR | CY2008 | 20080016308
There are no Special Orders in the applicants record that show he was promoted to SGT/E-5. The evidence of record shows that the applicant served in Korea from on or about 28 May 1969 to on or about 25 November 1969; therefore, he served a qualifying period for award of the Korea Defense Service Medal and is entitled to correction of his records to show this award. The evidence of record shows the applicant was awarded the Vietnam Service Medal.