IN THE CASE OF:
BOARD DATE: 20 March 2014
DOCKET NUMBER: AR20130012004
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 shot in Vietnam and he was not awarded the Purple Heart.
3. The applicant provides no additional evidence in support of his application.
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. On 23 August 1966, he was inducted into the Army of the United States.
3. U.S. Army Training Center, Fort Campbell, KY Special Orders Number 112, dated 10 October 1966, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar.
4. He was assigned to Company B, 2nd Battalion, 35th Infantry in the Republic of Vietnam from 22 January to 27 March 1967. On 28 March 1967, he was assigned to the Medical Holding Detachment, U.S. Army Hospital, Camp Zama, Japan in a patient status.
5. Headquarters, 4th Infantry Division General Orders Number 1426, dated
19 June 1967, awarded the applicant the Purple Heart for wounds received in connection with military ground operations against a hostile force on 12 March 1967.
6. On 5 August 1967, he was released from active duty by reason of hardship. He completed 11 months and 13 days of active service that was characterized as honorable. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 5 August 1967 shows he is authorized the:
* National Defense Service Medal
* Vietnam Service Medal
7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict. This pamphlet shows that, during the time of the applicants assignment to the 2nd Battalion, 35th Infantry the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January 1966 - 1 August 1967.
8. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. The award of a bronze service star is authorized based on qualifying service for each campaign listed in Table B-1 (Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers). Authorized service stars will be worn on the appropriate campaign medal, including the Vietnam Service Medal.
b. Table B-1 includes the Vietnam Counteroffensive, Phase II Campaign
(1 July 1966 - 31 May 1967).
c. The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. Also eligible for this award are individuals who qualified for award of the Vietnam Service Medal and served for less than 6 months but were wounded as a result of hostile action.
DISCUSSION AND CONCLUSIONS:
1. Orders show he was awarded the Purple Heart. Therefore, this decoration should be added to his DD Form 214.
2. Orders show he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar. Therefore, this badge should be added to his
DD Form 214.
3. He participated in one campaign during his service in Vietnam. Therefore, he is authorized to one bronze service star to be worn on his Vietnam Service Medal.
4. Based his service with the 2nd Battalion, 35th Infantry, he is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, this award should be added to his DD Form 214.
5. Although the applicant served in the Republic of Vietnam for less than
6 months he was wounded as a result of hostile action. Therefore, he is authorized the Republic of Vietnam Campaign Medal with Device (1960) and this award should be 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:
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 amending his DD Form 214 by deleting the Vietnam Service Medal and adding the:
* Purple Heart
* Vietnam Service Medal with one bronze service star
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with Device (1960)
_______ _ 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) AR20130012004
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ABCMR Record of Proceedings (cont) AR20130012004
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