IN THE CASE OF:
BOARD DATE: 11 September 2014
DOCKET NUMBER: AR20140002254
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
* Purple Heart Certificate, dated 23 May 1969
* National Personnel Records Center letter, dated 27 August 2004
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 enlisted in the Regular Army on 4 November 1968. He served in the Republic of Vietnam (RVN) from 10 April 1969 to 8 June 1969 and he was assigned to Troop A, 1st Squadron, 10th Cavalry Regiment, 4th Infantry Division.
3. Headquarters, 71st Evacuation Hospital, General Orders Number 126, dated 23 May 1969, awarded the applicant the Purple Heart for wounds sustained in action in the RVN on 21 May 1969.
4. His DA Form 20 (Enlisted Qualification Record) shows in:
a. item 38 (Record of Assignments), he was reassigned to the Medical Holding Company, 106th General Hospital, as a patient on 1 June 1969; and
b. item 41 (Awards and Decorations), he qualified as Sharpshooter with the M-16 rifle and as Expert with the M-14 rifle.
5. He was honorably released from active duty on 8 November 1971 and credited with completing 2 years, 10 months, and 28 days of total active service.
6. His DD Form 214 shows award of the:
* National Defense Service Medal
* Vietnam Service Medal (VSM) with one bronze service star
7. Army Regulation 600-8-22 (Military Awards) states the RVN 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. Also eligible for this award are individuals who qualified for award of the VSM or the Armed Forces Expeditionary Medal and served for less than 6 months but:
* were wounded as a result of hostile action
* were captured by hostile forces but later escaped or were rescued or released
* were killed in action or otherwise in line of duty
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 1st Squadron, 10th Cavalry Regiment, was cited for the RVN Gallantry Cross with Palm Unit Citation for the period October 1966 through 28 July 1969 by Department of the Army General Orders (DAGO) Number 3, dated 1970, and the Valorous Unit Award for the period
8-29 May 1969 by DAGO Number 43, dated 1970.
DISCUSSION AND CONCLUSIONS:
1. General orders verify he was awarded the Purple Heart for wounds sustained in action in the RVN on 21 May 1969. Therefore, he is entitled to correction of his DD Form 214 to show this award.
2. The evidence of record shows he served in Vietnam from 10 April 1969 to 8 June 1969. He was wounded in action by hostile forces on 21 May 1969 and he was subsequently medically evacuated. Therefore, he is entitled to award of the RVN Campaign Medal with Device (1960) and correction of his records to show this award.
3. The evidence of record shows he is authorized the RVN Gallantry Cross with Palm Unit Citation and the Valorous Unit Award. Therefore, his DD Form 214 should be corrected to show these unit awards.
4. His DA Form 20 verifies that he qualified as Sharpshooter with the M-16 automatic rifle and as Expert with the M-14 rifle. Therefore, he is entitled to correction of his DD Form 214 to show these marksmanship qualification badges.
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 adding the following awards to his DD Form 214:
* Purple Heart
* RVN Campaign Medal with Device (1960)
* RVN Gallantry Cross with Palm Unit Citation
* Valorous Unit Award
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar (M-16)
_______ _ 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) AR20140002254
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ABCMR Record of Proceedings (cont) AR20140002254
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