IN THE CASE OF:
BOARD DATE: 17 July 2014
DOCKET NUMBER: AR20130020749
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. He states the award is not annotated on his DD Form 214.
3. He provides:
* DD Form 214
* Two supporting statements
* 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 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 10 June 1965. He served in the Republic of Vietnam (RVN) from 4 January 1966 to
21 December 1966 and was assigned to Headquarters and Headquarters Company, 2nd Battalion, 35th Infantry Regiment. He was honorably released from active duty on 9 June 1967 and credited with completing 2 years of active duty service.
3. His DD Form 214 shows the:
* National Defense Service Medal
* Vietnam Service Medal (VSM)
* RVN Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Two overseas service bars
4. The applicant's name is listed on the Vietnam casualty listing. The listing verified that the applicant was wounded as a result of hostile action on 2 August 1966. His last name is misspelled, but his first name, middle initial, and service number are correct.
5. The applicant provided a Purple Heart Certificate that shows he was wounded on 2 August 1966 in the RVN. The certificate was signed on 2 September 1992.
6. He provided two supporting statements from his former platoon leader and a fellow comrade who recalled the applicant's wounding on 2 August 1966.
7. Army Regulation 600-8-22 (Military Awards) provides:
a. The Purple Heart is awarded for a wound sustained 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, the regulatory guidance on the VSM, 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 campaigns:
* Vietnam Counteroffensive ( 25 December 1965 - 30 June 1966)
* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units that served in the Vietnam War. This pamphlet shows the 2nd Battalion, 35th Infantry Regiment was cited for the RVN Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 48, dated 1971.
DISCUSSION AND CONCLUSIONS:
1. The Vietnam casualty listing verifies the applicant was wounded by a hostile force on 2 August 1966. Therefore, he is entitled to correction of his DD Form 214 to show this award.
2. Evidence of record shows the applicant is entitled to wear the RVN Gallantry Cross with Palm Unit Citation and correction of his DD Form 214 to show this award.
3. The evidence also shows he participated in two campaigns during his service in Vietnam. Therefore, he is entitled to correction of his DD Form 214 to show award of two bronze service stars to be worn on his already-awarded VSM.
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; and
b. adding to his DD Form 214 the:
* Purple Heart
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam 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) AR20130020749
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130020749
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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