BOARD DATE: 23 September 2014
DOCKET NUMBER: AR20140002564
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 that he was awarded the Purple Heart by his battalion commander; however, he never received a certificate and it was not recorded in his records.
3. The applicant provides a copy of his Department of Veterans Affairs (VA) compensation award letter and the order that awarded him the Bronze Star Medal with V Device.
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 applicants records, though somewhat incomplete as he was separated on temporary records, show he was inducted on 16 August 1967. He completed his training as a radio relay and carrier operator at Fort Gordon, Georgia and was transferred to Vietnam for assignment to the 49th Signal Platoon, 198th Light Infantry Brigade.
3. On 26 August 1968, a casualty notification was dispatched to his parents that informed them he had been slightly wounded on 23 August 1968, with fragment wounds to the left buttock and left ring finger while his unit engaged a hostile force in a firefight. They were further advised that he was hospitalized and was not seriously wounded.
4. On 14 October 1968, he was awarded the Bronze Star Medal with V Device for heroism on 23 August 1968. The citation for that award indicates he continued to soldier while wounded and had to be ordered to medivac (medically evacuated) the following day.
5. The available records show no evidence he was awarded the Purple Heart.
6. On 20 March 1969, he was honorably released from active duty (REFRAD). He had served 1 year, 7 months and 5 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, and Bronze Star Medal with V Device.
7. 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.
8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. A review of this pamphlet shows that the applicants unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period the applicant served with the unit.
DISCUSSION AND CONCLUSIONS:
1. Although there are no orders in the available records, there is sufficient evidence in his records that substantiates he was wounded as a result of enemy action and he was treated for his wounds. Accordingly, it is reasonable to conclude he was awarded the Purple Heart as he claims and it should be added to his DD Form 214 at this time.
2. Additionally, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period the applicant served with the unit and it should be added to his DD Form 214 at this time.
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 adding the awards of the Purple Heart and Republic of Vietnam Gallantry Cross with Palm 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) AR20140002564
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