IN THE CASE OF:
BOARD DATE: 29 May 2014
DOCKET NUMBER: AR20130017956
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:
* On 23 March 1969, his unit came under rocket attack
* During the attack while taking cover, he sustained a laceration above his right eye which required sutures
* The medical officer wrote it in his medical records; however, he was not awarded the Purple Heart
3. The applicant provides a National Archives and Records Administration (NA) Form 13038 (Certification of Military Service) and a Standard Form (SF) 600 (Chronological Record of Medical Care).
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 2 October 1967. He completed training as a personnel specialist. He arrived in Vietnam on 18 August 1968 and he was assigned to the 23rd Administration Company, Americal Division. He was assigned to Service Battery, 3rd Battalion, 18th Artillery, Americal Division on 6 October 1968.
3. On 23 March 1969, the applicant was seen by a doctor at the Americal Dispensary for a cut on the side of his left eye, which was sustained while he was seeking cover during a rocket attack. His wound was cleaned, sutured, and bandaged.
4. He departed Vietnam en route to the United States on 1 June 1969. He was released from active duty on 1 October 1969 at the expiration of his term of service.
5. His DD Form 214 shows he was awarded the :
* National Defense Service Medal
* Army Commendation Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* Army Good Conduct Medal
6. Army Regulation 600-8-22 (Military Awards) states:
a. 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. 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 during his service in Vietnam, the applicant participated in the following three campaigns:
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969)
7. 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 23rd Administration Company was cited for award of the Meritorious Unit Commendation for the period 1 January 1968 through 31 August 1969 by Department of the Army General Order DAGO Number 53, dated 1970 and the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 24 August though 31 December 1969 by DAGO Number 42 dated 1972 28 March 1973.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. His supporting evidence has been considered.
2. The available evidence shows he was wounded as a result of hostile action by enemy forces. His wound was treated by medical personnel and it was made a matter of official record. Therefore, he should be awarded the Purple Heart and his DD Form 214 should be corrected to show this award.
3. The unit to which he was assigned was cited for award of the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, his DD Form 214 should be corrected to show these awards. He participated in 3 campaigns during his service in Vietnam; therefore, he is entitled to three bonze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to how these bonze service stars. In view of the foregoing, the applicant's DD Form 214 should be corrected as recommended below.
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:
a. deleting from his DD Form 214 the Vietnam Service Medal;
b. awarding him the Purple Heart for wounds received in Vietnam as a result of hostile action on 23 March 1969; and
c. adding to his DD Form 214 the Purple Heart, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Vietnam Service Medal with 3 bronze service stars.
____________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) AR20130017956
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ABCMR Record of Proceedings (cont) AR20130017956
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