IN THE CASE OF:
BOARD DATE: 3 March 2015
DOCKET NUMBER: AR20140011922
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 any other awards and decorations which he may be authorized.
2. The applicant states:
* his DD Form 214 does not show award of the Purple Heart
* he was wounded in Vietnam
3. The applicant provides:
* Purple Heart Certificate
* DD Form 214
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 into the Army of the United States on 14 January 1966. He arrived in Vietnam on 1 December 1966. He served as a light weapons infantryman assigned to Company A, 2nd Battalion, 60th Infantry Regiment, from 1 December 1966 until he was wounded in action on 15 April 1967. Records show he participated in two campaigns during his assignment in Vietnam.
3. Headquarters, 9th Infantry Division, Special Orders Number 66, dated 7 March 1967, awarded him the Combat Infantryman Badge.
4. Headquarters, 3d Field Hospital, General Orders Number 60, dated 18 April 1967, awarded him the Purple Heart for wounds received in action in the Republic of Vietnam on 15 April 1967.
5. He was transferred to the United States on 23 June 1967 for further medical treatment.
6. On 20 January 1968, he was honorably released from active duty.
7. His DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
8. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon for each credited campaign, including the Vietnam Service Medal.
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 2d Battalion, 60th Infantry, was awarded the:
* Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period 1 December 1966 to 30 June 1968 by Department of the Army General Orders Number 31, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 28 June 1969 by Department of the Army General Orders Number 59, dated 1969
DISCUSSION AND CONCLUSIONS:
1. Orders show the applicant was awarded the Purple Heart and Combat Infantryman Badge. Therefore, his DD Form 214 should be corrected to show these awards.
2. He participated in two campaigns during his assignment in Vietnam which entitles him to the Vietnam Service Medal with two bronze service stars. Therefore, his DD Form 214 should be corrected to show these bronze service stars.
3. His unit in Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment to that unit. Therefore, his DD Form 214 should be corrected to show these unit awards.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 to his DD Form 214 award of the Purple Heart, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Combat Infantryman Badge, and two bronze service stars with his already-awarded Vietnam Service Medal.
_____________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) AR20140011922
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ABCMR Record of Proceedings (cont) AR20140011922
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