IN THE CASE OF:	  

		BOARD DATE:	  26 August 2014

		DOCKET NUMBER:  AR20140000648 


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 he be awarded the Purple Heart.

2.  The applicant states, in effect, that he was injured in Vietnam during a combat assault helicopter insertion when he was thrown/fell from a helicopter and injured his ankle and suffered lower back pain.  He goes on to state that he was treated at the battalion aid station and he thought he was being recommended for a Purple Heart but never received it. 

3.  The applicant provides a two-page statement explaining his application, photographs of himself after being treated, and a statement from a fellow Soldier acknowledging his injury. 

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 23 September 1969.  He completed his basic training at Fort Gordon, Georgia and his advanced individual training as a light weapons infantryman at Fort McClellan, Alabama and was transferred to Vietnam on 9 March 1970 for assignment to B Troop, 3rd Squadron, 17th Air Cavalry Regiment.  He was promoted to the rank of sergeant on 26 January 1971. 

3.  He served in three campaigns and departed Vietnam on 28 April 1971.  He was transferred to Oakland Army Base, California where he was honorably released from active duty (REFRAD) as an overseas returnee that date.  He had served   1 year, 7 months and 6 days of active service.  His DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Army Commendation Medal (First Oak Leaf Cluster), Combat Infantryman Badge, Air Medal, and Good Conduct Medal. 

4.  The applicant’s medical treatment records are not present in his official records for review by the Board.  However, his name is contained on the Vietnam Casualty Listing showing that he was injured on 12 July 1970 while serving in the rank of private first class (PFC). 

5.  The third-party statement from a fellow Soldier essentially mirrors the applicant’s recount of events and the photographs provided show his right ankle with a cast on it.

6.  Army Regulation 600-8-22 (Military Awards) states 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.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant’s unit was awarded 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 he served with the unit.

8.  Army Regulation 600-8-22 states a bronze service star is authorized for each campaign based on qualifying service for each campaign listed in appendix B will be worn on the appropriate service medal including the Vietnam Service Medal.
   
   
DISCUSSION AND CONCLUSIONS:

1.  While the available records do not reflect the applicant’s injury, based on the fact that his name is independently listed on the Vietnam Casualty Listing coupled with the applicant’s and a third-party statement regarding his injury there is sufficient evidence to warrant awarding the applicant the Purple Heart for injuries received in Vietnam on 12 July 1970 in the rank of PFC.

2.  The applicant served in three campaigns in Vietnam and thus is entitled to wear three bronze service stars on his already awarded Vietnam Service Medal and to have them added to his DD Form 214.

3.  Additionally, the applicant’s unit was awarded 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 he served with the unit.  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:

1.  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
* Awarding the applicant the Purple Heart for injuries received in action in Vietnam on 12 July 1970
* Adding the awards of the Vietnam Service Medal with three bronze service stars, Purple Heart, 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



2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _   __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)                                         AR20140000648





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ABCMR Record of Proceedings (cont)                                         AR20140000648



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