IN THE CASE OF:  

		BOARD DATE: 26 February 2015

		DOCKET NUMBER:  AR20140011909 


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 and his correct date of birth (DOB).

2.  The applicant states he was wounded in Vietnam due to enemy action and the DOB on his DD Form 214 should be 19 June XXXX instead of 10 June XXXX.

3.  The applicant provides copies of his:

* Birth Certificate showing his DOB as 19 June XXXX
* DA Form 199 (Physical Evaluation Board (PEB) Proceedings), dated 
29 August 1969, with Narrative Summary 
* DD Form 214, dated 25 September 1969
* DA Form 1577 (Authorization for Issuance of Awards), dated 19 August 2002

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 25 July 1966.  He held military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  On 25 September 1969, he was retired due to permanent disability in the rank of specialist four/E-4.  His DD Form 214 lists his awards as the National Defense Service Medal, Parachutist Badge, Vietnam Service Medal, Combat Infantryman Badge, Republic of Vietnam Campaign Medal with Device (1960), Air Medal, Expert Marksmanship Qualification Badge with Rifle Bar, and one Overseas Bar.

4.  The applicant provides a Narrative Summary that was prepared in conjunction with his PEB that states the applicant served in the Republic of Vietnam from 
2 December 1967 until 4 August 1968 at which time he received injuries to the left lower extremity when a mine exploded beneath an armored personnel carrier on which he was riding.  An open fracture of the left tibia was sustained.  He received treatment in Japan and was transferred to Irwin Army Hospital, Fort Riley, Kansas, for further treatment of his wounds.

5.  Review of his record shows he was assigned to duty in Vietnam with Company D, 4th Battalion (Airmobile), 503rd Infantry.

6.  The applicant's name is listed on the Vietnam Casualty Roster showing he was hospitalized for wounds received in action, in Vietnam, on 4 August 1968.

7.  The applicant related during a telephone conversation that he had been officially presented the Purple Heart.  It has his name engraved on the back.

8.  A records clerk at the Department of Veterans Affairs (VA) hospital in Iowa City, Iowa reports that the applicant's service medical records reflect his DOB as 19 June XXXX.

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 four campaigns:

* Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Counteroffensive Phase IV (2 April - 30 June 1968)
* Counteroffensive Phase V (1 July - 1 November 1968)

10.  Department of the Army Pamphlet 672-3 (Unit Citations and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  This pamphlet shows the 4th Battalion, 503rd Infantry was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 5 May 1965-26 September 1970 in DAGO Number 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  His birth certificate lists his DOB as 19 June XXXX.  Apparently a typographical error resulted in item 9 (DOB) of his DD Form 214 showing an incorrect DOB.  His DD Form 214 should be corrected to show the DOB listed on his birth certificate.

2.  The available evidence shows he was wounded in action in Vietnam on 
4 August 1968 and awarded the Purple Heart.  This award should be added to his DD Form 214.

3.  The applicant served in Vietnam during four designated campaign periods and is authorized four bronze service stars for wear on his already-awarded Vietnam Service Medal.

4.  During his service in Vietnam, his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  His DD Form 214 should be corrected to show the above awards.
   
   
   
   
   
   
   
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:

	a.  deleting the DOB shown in item 9 of his DD Form 214 and replacing it with the DOB listed on his birth certificate; and

	b.  adding to his DD Form 214 the:

* Purple Heart
* Four bronze service stars to be worn on 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)                                         AR20140011909



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