IN THE CASE OF:
BOARD DATE: 18 February 2014
DOCKET NUMBER: AR20130009754
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart and Air Medal.
2. The applicant states the Purple Heart and the Air Medal were not annotated on his DD Form 214 and he has been unable to locate the citations he received for these awards.
3. The applicant provides:
* DA Form 8-275-3 (Clinical Record Cover Sheet), dated 8 February 1968
* Standard Form 502 (Narrative Summary), dated 20 June 1968
* 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 was inducted into the Army of the United States on 14 March 1967. He held military occupational specialty 67N (UH-1 Helicopter Repairman) and he attained the rank/grade of specialist four/E-4.
3. Special Orders Number 131 issued by the U.S. Army Aviation School, Fort Rucker, AL, on 26 May 1967 awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).
4. His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Vietnam from 24 September 1967 to on or about 26 February 1968 and he served with Troop A, 1st Squadron, 9th Calvary Regiment, 1st Calvary Division, from 28 September 1967 to 5 January 1968.
5. His records contain a DA Form 8-275-3, dated 8 February 1968, which shows he was admitted to the 67th Evacuation Hospital, Vietnam, on 4 February 1968 and diagnosed with a fractured right hand. This form also stated he was wounded in action in an enemy firefight.
6. The Vietnam casualty roster shows he sustained a wound as a result of hostile enemy action on 4 February 1968, he was hospitalized, and he was treated for his wounds.
7. His records do not contain orders awarding him the Purple Heart.
8. General Orders Number 3462 issued by Headquarters, 1st Calvary Division (Airmobile), Vietnam, on 17 May 1968 awarded him the Air Medal.
9. He was honorably released from active duty on 13 March 1969. His DD Form 214 shows he completed 2 years of net active service. His DD Form 214 also shows he was awarded or authorized the:
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* two overseas service bars
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
10. A review of the applicant's records shows he is entitled to additional awards.
11. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for wounds sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify the wound was a 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. 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:
a. Department of the Army General Orders Number 8, dated 1974, awarded 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.
b. 1st Squadron, 9th Cavalry Regiment, was cited for award of the Valorous Unit Award for the period 1-30 October 1967 in Department of the Army General Orders Number 37, dated 1970.
DISCUSSION AND CONCLUSIONS:
1. The evidence clearly shows the applicant sustained a wound as a result of hostile enemy action on 4 February 1968 while serving in the Republic of Vietnam and that he was hospitalized to receive treatment for his wound. He states he received the award; therefore, he is entitled to correction of his DD Form 214 to add this award.
2. General orders awarded him the Air Medal; therefore, he is entitled to correction of his DD Form 214 to add this award.
3. Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16); therefore, he is entitled to correction of his DD Form 214 to add this badge.
4. General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Valorous Unit Award during a period of time the applicant was assigned to the unit. Therefore, he is entitled to correction of his DD Form 214 to add these unit awards.
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 adding the following awards to his DD Form 214:
* Purple Heart
* Air Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Valorous Unit Award
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
_______ _ 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.
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