IN THE CASE OF:	  

		BOARD DATE:	  15 April 2014

		DOCKET NUMBER:  AR20130014483 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his award of the Purple Heart.

2.  The applicant states that he was wounded in Vietnam and was medically evacuated to Camp Zama, Japan where he was issued the Purple Heart.  However, it was not added to his DD Form 214. 

3.  The applicant provides a copy of his Physical Profile indicating that he had post-multiple fragment wounds of his lower extremities.

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 on 7 October 1965.  He completed his basic training and his advanced individual training as a light weapons infantryman before being transferred to Vietnam on 16 March 1966 for assignment to Company B, 1st Battalion, 28th Infantry Regiment.

3.  The Vietnam Casualty Listing (line #190977) shows the applicant was wounded on 26 April 1966; however, there is no indication in his records showing that he was wounded.

4.  On 2 May 1966, he was medically evacuated to a hospital at Camp Zama, Japan and on 22 August 1966 he was reassigned to Okinawa where he served as a supply specialist.

5.  On 8 September 1967, he was honorably released from active duty (REFRAD).  He had served 1 year, 11 months, and 2 days of active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, and Good Conduct Medal.  He had served in one campaign in Vietnam.

6.  The physical profile provided by the applicant with his application shows that on 28 July 1966 he was issued a profile at Camp Zama, Japan for post-multiple fragment wounds, both lower extremities and broken bone, left foot.

7.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, unit decorations, and similar devices awarded in recognition of accomplishments.  It provides that the Purple Heart is awarded for a wound sustained in action against an enemy or 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 medical personnel, and the medical treatment must have been made a matter of official record.

8.  Army Regulation 600-8-22 (Military Awards) states 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.  However, it may be awarded for service of less than 6 months if the individual was wounded and departed Vietnam due to his wounds. 

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 his unit was cited for awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period the applicant served with the unit.

10.  Army Regulation 600-8-22 (Military Awards) states a bronze service star will be worn on the appropriate service medal based on qualifying service for each campaign listed in appendix B, which is the Vietnam Service Medal in this case.
 
DISCUSSION AND CONCLUSIONS:

1.  Notwithstanding that his official records show no indication of the applicant being wounded or orders awarding him the Purple Heart, the applicant has provided sufficient evidence to show that he was treated for wounds received in Vietnam.  Accordingly, it is reasonable to presume that he was in fact awarded the Purple Heart as he claims and it should be added to his DD Form 214.

2.  The applicant served in one campaign and is entitled to wear one bronze service star on his already-awarded Vietnam Service Medal. 

3.  The applicant also met the criteria for award of the Republic of Vietnam Campaign Medal with Device (1960) and it should be added to his DD Form 214 at this time.

4.  Additionally, his unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show 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 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 his DD Form 214
* Adding the Vietnam Service Medal with one bronze service star, Purple Heart, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 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)                                         AR20130014483





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ABCMR Record of Proceedings (cont)                                         AR20130014483



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