BOARD DATE:	  27 August 2013

		DOCKET NUMBER:  AR20130013459 


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.

2.  The applicant states he was awarded the Purple Heart for a wound he sustained while serving in the Republic of Vietnam (RVN), but it is not shown on his DD Form 214.

3.  He provides a Purple Heart Certificate.

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 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.  His military record is not available to the Board for review.  However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case.  This case is being considered using a reconstructed record provided by the National Personnel Records Center.

3.  His available record shows he was inducted into the Army of the United States on 11 May 1966.  On 29 April 1968, he was returned from overseas duty and released from active duty with an honorable characterization of service.

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

* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* 1 Overseas Service Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

5.  Although his DD Form 214 does not show the specific dates of his service in the RVN, it does show he served overseas in the U.S. Army Pacific (USARPAC) area of operations for a period of 10 months.  

6.  His name appears on the RVN casualty roster which indicates he was wounded as a result of hostile action on 1 April 1968.

7.  A review of the Awards and Decorations Computer-Assisted Retrieval System an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders showing the applicant was awarded the Purple Heart.

8.  The applicant provides a Purple Heart Certificate which shows he was awarded the Purple Heart for wounds received in the RVN as a result of hostile action on 1 April 1968.

9.  References:

	a.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.

	b.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that the following campaigns took place during his period of active duty service:

* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)

	c.  Department of the Army General Orders (DAGO) Number 8, dated 1974, announced award of the RVN 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention was carefully considered and determined to have merit.

2.  The available evidence clearly shows he sustained a wound as a result of hostile action and he received treatment for these wounds.  The certificate provided by the applicant further corroborates these facts and shows he was awarded the Purple Heart by the appropriate authority.  Therefore, there is sufficient evidence to warrant correcting his DD Form 214 to show the Purple Heart.

3.  Although the available evidence does not show the specific dates of his service in the RVN, it does show he served overseas in USARPAC for a period of 10 months.  Records show three campaigns occurred during his period of active duty service.  Therefore, it is accepted that he participated in all three campaigns during his service in the RVN.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

4.  DAGOs awarded the RVN Gallantry Cross with Palm Unit Citation to all units serving in Vietnam.  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 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 :

	a.  deleting the Vietnam Service Medal from his DD Form 214; and

	b.  adding to his DD Form 214 the:

* Purple Heart
* Vietnam Service Medal with three bronze service stars
* RVN Gallantry Cross with Palm Unit Citation



      ____________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)                                         AR20130013459





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ABCMR Record of Proceedings (cont)                                         AR20130013459



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