BOARD DATE:	  10 February 2015

		DOCKET NUMBER:  AR20140009911 


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 his award of the Purple Heart be added to his 
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states he was awarded the Purple Heart for injuries received during a hostile action in Vietnam; however, the award was never added to his DD Form 214. 

3.  The applicant provides copies of his DD Form 214 and two pages from his clinical/health records.  

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’s records were not available for review by the Board.  However, the documents provided by the applicant are sufficient to conduct a fair and impartial review of this case.

3.  The applicant enlisted in the Regular Army on 19 May 1969 for a period of     2 years.  He completed his training as a light weapons infantryman and was transferred to Vietnam on 11 May 1970.

4.  He was assigned to Company A, 1st Battalion, 5th Infantry Regiment on
31 August 1970.  The clinical record evidence that he provided shows he sustained multiple fragment wounds to the right arm and leg as a result of hostile action.  He was treated at the 93rd Evacuation Hospital and was transferred to the 6th Convalescent Center.

5.  He served in two campaigns and departed Vietnam on 5 April 1971.  He was honorably released from active duty (REFRAD) on 6 April 1971.  He had served 1 years, 10 months, and 18 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, Bronze Star Medal, and Army Commendation Medal.

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.  Army Regulation 600-8-22 states the Combat Infantryman Badge (CIB) is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  

8.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period during which he served with the unit.
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he was awarded the Purple Heart for wounds received in Vietnam has been noted and appears to have merit.

2.  He has provided evidence to show that he was wounded as a result of enemy action and that treatment was made a matter of record.  Therefore, it is reasonable to accept that he was awarded the Purple Heart as he claims and that an administrative error resulted in the award being omitted from his DD Form 214.  Accordingly, it should be added to his DD Form 214 at this time. 

3.  The applicant was an infantryman assigned to an infantry company at the time he was wounded on 31 August 1970 and it appears that he qualified for award of the CIB.  Accordingly, the CIB should be awarded and added to his DD Form 214.

4.  The applicant served in two campaigns in Vietnam and is entitled to wear two bronze service stars on his already-awarded Vietnam Service Medal and to have then added to his DD Form 214.

5.  Additionally, the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period during which he served with the unit and he is entitled to have that award added to his DD Form 214.

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 Vietnam Service Medal from his DD Form 214
* Awarding him the CIB for the period ending 31 August 1970
* Adding the Vietnam Service Medal with two bronze service stars, Purple Heart, CIB, 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)                                         AR20140009911



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ABCMR Record of Proceedings (cont)                                         AR20140009911



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