IN THE CASE OF:
BOARD DATE: 19 March 2015
DOCKET NUMBER: AR20140012439
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his award of the Purple Heart and all other awards he is entitled to receive.
2. The applicant states that he was awarded the Purple Heart while in the hospital; but it was never entered on his DD Form 214.
3. The applicant provides copies of his DD Form 214 and a letter from a friend in Vietnam.
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 15 December 1964. He completed his one-station unit training as an armor intelligence specialist at Fort Knox, Kentucky and was transferred to Hawaii on 4 May 1965.
3. The applicant was assigned to Headquarters and Headquarters Company, 2nd Battalion, 14th Infantry Regiment when he and his unit were transferred to Vietnam on 16 April 1966.
4. The applicant participated in one campaign and was wounded on 5 June 1966. He was initially evacuated to the 3rd Field Hospital and was awarded the Purple Heart in General Orders Number 29 issued by the 3rd Field Hospital on
6 June 1966.
5. He was evacuated in June 1966 to Fitzsimmons General Hospital in Denver, Colorado where he remained until he was honorably released from active duty (REFRAD) on 10 October 1966. He had served 1 year, 9 months, and 26 days of active service. His DD Form 214 issued at the time of his REFRAD shows he was awarded the Vietnam Service Medal, Combat Infantryman Badge, National Defense Service Medal, and his marksmanship badge.
6. A review of the applicant's records failed to show he was recommended for or awarded any additional awards.
7. Army Regulation 600-8-22 (Military Awards) states a bronze service star, based on qualifying service for each campaign listed in appendix B, will be worn on the appropriate service medal including the Vietnam Service Medal.
8. Army Regulation 600-8-22 also states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces. Also eligible for this award are individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than six months of service but:
* were wounded as a result of hostile action
* were captured by hostile forces but later escaped or were rescued or released
* were killed in action or otherwise in line of duty
9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicants unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit.
DISCUSSION AND CONCLUSIONS:
1. The applicant was wounded in Vietnam and was properly awarded the Purple Heart; therefore, he is entitled to have that award added to his DD Form 214.
2. The applicant served in one campaign and he entitled to wear one bronze service star on his already-awarded Vietnam Service Medal and to have it added to his DD Form 214.
3. The applicant served during a qualifying period for award of the Republic of Vietnam Campaign Medal and he is entitled to have that award added to his
DD Form 214.
4. Additionally, the applicants unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit. He is entitled to have these awards 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 item 26 of his DD Form 214
* Adding the Vietnam Service Medal with one bronze service star, Purple Heart, Republic of Vietnam Campaign Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to item 26 of 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) AR20140012439
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ABCMR Record of Proceedings (cont) AR20140012439
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