IN THE CASE OF:
BOARD DATE: 13 January 2015
DOCKET NUMBER: AR20140009367
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. The applicant states he was injured in Vietnam. While on patrol in pursuit of the enemy his vehicle ran over a land mine and his right foot was crushed and bones were broken. He did not receive the Purple Heart.
3. The applicant provides copies of:
* Standard Form 539 (Abbreviated Clinical Record)
* DA Form 8-275-3 (Clinical Record Cover Sheet), dated 14 April 1970
* AF Form 565-4 ((Clinical Record Cover Sheet), dated 14 April 1970
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 4 June 1969. He held military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. His DA Form 20 (Enlisted Qualification Record) shows in:
a. item 38 (Record of Assignments) he was assigned, in Vietnam, to Company A, 1st Battalion, 50th Infantry, from 12 November 1969 through
17 October 1970; and
b. item 40 (Wounds): No entry.
4. He was honorably released from active duty on 3 June 1971 as a specialist four (SP4)/E-4. His DD Form 214 lists his awards as the National Defense Service Medal, Combat Infantryman Badge, Vietnam Service Medal, Vietnam Campaign Medal, and the Sharpshooter Qualification Badge with Rifle Bar.
5. His records contain General Orders 1408, Headquarters, I Field Force Vietnam, dated 28 October 1970, showing he was awarded the Air Medal for the period 19 January 1970 to 28 July 1970.
6. He provides copies of medical documentation showing he was treated for an injury to his right great toe. The injury is recorded as being the result of hostile action.
7. The applicant's name is not listed on the Vietnam Casualty Roster.
8. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), a partial compilation of general orders issued during the Vietnam era maintained by the Awards Branch of the U.S. Army Human Resources Command, failed to reveal anything pertaining to the applicant.
9. Army Regulation 600-8-22 (Military Awards):
a. 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.
b. contains the regulatory guidance for award of the Vietnam Service Medal. It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. During his service in Vietnam, the applicant participated in the following three campaigns:
* Vietnam Winter - Spring 1970 1 November 1969 - 30 April 1970
* Sanctuary Counteroffensive 1 May - 30 June 1970
* Vietnam Counteroffensive Phase VII 1 July 1970 - 30 June 1971
10. Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows he was wounded in action in April 1970. He was treated for an injury to his right great toe. The documentation shows he was wounded as a result of hostile action. Therefore, he is entitled to be awarded the Purple Heart.
2. Orders show he was awarded the Air Medal.
3. The applicant served in Vietnam during three designated campaign periods and is authorized three bronze service stars for wear on his already-awarded Vietnam Service Medal.
4. His unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for a period of time that included the applicant's tour of duty.
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:
a. awarding him the Purple Heart for wounds received in action in April 1970; and
b. adding to his DD Form 214 the:
* Purple Heart
* Air Medal
* Three bronze service stars for 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) AR20130006990
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ABCMR Record of Proceedings (cont) AR20140009367
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