BOARD DATE: 18 September 2014
DOCKET NUMBER: AR20140002385
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 he was awarded the Purple Heart.
2. The applicant states a clerical error was made by not listing his Purple Heart on his DD Form 214. The DA Form 8-275-3 (Clinical Record Cover Sheet) he provides shows he was awarded the Purple Heart while at the 106th General Hospital, Army Post Office (APO) San Francisco.
3. The applicant provides a copy of a DA Form 8-275-3.
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 30 December 1965. He completed training as a light weapons infantryman. He arrived in Vietnam on 1 June 1967 and he was assigned to Headquarters and Headquarters Company, 1st Battalion (Airborne), 503rd Infantry Regiment.
3. He participated in the following three campaigns:
* Vietnam Counteroffensive, Phase III Campaign, which extended from 1 June 1967 through 29 January 1968
* Tet Counteroffensive Campaign, which extended from 30 January through 1 April 1968
* Vietnam Counteroffensive, Phase IV Campaign, which extended from 2 April through 30 June 1968
4. He provides a DA Form 8-275-3, dated 28 February 1968, which shows that on 5 February 1968 he was injured in an enemy mortar attack. He was treated for an open fragment wound to his left thigh with no nerve or artery involvement. General Orders Number 6, issued on 7 February 1968, awarded him the Purple Heart by the 8th Field Hospital for this combat wound.
5. A review of the available records fails to reveal a copy of General Orders Number 6, which awarded him the Purple Heart.
6. He departed Vietnam en-route to the United States on 31 May 1968. He was released from active duty on 17 December 1968. His DD Form 214 shows the following awards:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Parachutist Badge
7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This pamphlet shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 5 May 1965 to 26 September 1970 by Department of the Army General Order Number 51, dated 1971.
8. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.
DISCUSSION AND CONCLUSIONS:
1. Although the orders awarding him the Purple Heart are not in his record, the DA Form 8-275-3 he provided clearly shows he was wounded in action on 5 February 1968, and he was awarded the Purple Heart for that wound. His DD Form 214 should be amended to show this award.
2. He is also authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation and three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.
3. In view of the foregoing, the applicant's records 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 amending his DD Form 214 to add the following awards:
* Purple Heart
* Three bronze service stars to be affixed to his already-awarded Vietnam Service Medal
* 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) AR20140002385
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ABCMR Record of Proceedings (cont) AR20140002385
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