BOARD DATE:	  24 September 2013

		DOCKET NUMBER:  AR20130001807 


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 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:

* he called the Department of Veterans Affairs (VA) to apply for his health benefits and they told him his DD Form 214 did not show the Purple Heart he received on 4 June 1970 in Vietnam
* he has in his possession the Purple Heart certificate and medal
* the VA told him in order to receive his full benefits he needed orders or his DD Form 214 changed

3.  The applicant provides:

* award certificate for the Purple Heart
* Honorable Discharge Certificate
* DD Form 214

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 applicant enlisted in the Regular Army on 7 February 1969 for a period of 3 years.  He arrived in Vietnam on 28 June 1969.  He served as a wheel vehicle repairman assigned to U.S. Army Depot Cam Ranh Bay in Vietnam from 2 July 1969 to 21 July 1970.  He was assigned to Company B, Troop Command, U.S. Army Depot Cam Ranh Bay in Vietnam from 22 July 1970 to 11 May 1971.  He was assigned to the 290th Quartermaster Detachment in Vietnam from 12 May 1971 to 13 October 1971.  On 13 October 1971, he was honorably released from active duty. 

3.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* three Overseas Service Bars

4.  There are no orders for the Purple Heart in the available records.  However, a Western Union telegram, dated 5 June 1970, states the applicant was slightly wounded in action in Vietnam on 4 June 1970 by fragments while a passenger on a military vehicle on a military mission when the area came under rocket attack by a hostile force. 

5.  He provides an award certificate, dated 21 June 1970, which shows he received the Purple Heart for wounds received in action on 4 June 1970 in Vietnam.

6.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show the Purple Heart.  

7.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.

8.  Records show he participated in five campaigns during his assignment in Vietnam.

9.  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 the U.S. Army Depot Cam Ranh Bay was cited for award of the Meritorious Unit Commendation for actions during the period 
1 March 1970 to 28 February 1971 in Department of the Army General Orders (DAGO) 43, dated 1972.

10.  DAGO 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

11.  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.

12.  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 Western Union telegram and the award certificate which show the applicant was wounded in action on 4 June 1970 in Vietnam are accepted as sufficient evidence on which to base adding the Purple Heart to his DD Form 214.

2.  He participated in five campaigns during his assignment in Vietnam that entitles him to one silver service star for wear on his already-awarded Vietnam Service Medal.  His DD Form 214 should be corrected to show this service star.

3.  His unit in Vietnam (U.S. Army Depot Cam Ranh Bay) was cited for award of the Meritorious Unit Commendation during his period of assignment.  His DD Form 214 should be corrected to show this unit award.

4.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant served in Vietnam during a qualifying period; therefore, he is entitled to correction of his DD Form 214 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 adding the Purple Heart, Meritorious Unit Commendation, 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)                                         AR20130001807





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ABCMR Record of Proceedings (cont)                                         AR20130001807



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