IN THE CASE OF:
BOARD DATE: 6 March 2015
DOCKET NUMBER: AR20140013056
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 award of the Purple Heart.
2. He states he was wounded in action on 25 May 1968 during a rocket attack on Hill Number 63, but never received the Purple Heart. He wants this unjust matter corrected.
3. He provides a Standard Form 600 (Health Record) for the period 3 June 1968.
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 5 October 1966.
3. His DA Form 20 (Enlisted Qualification Record) shows in:
a. item 31 (Foreign Service), he served in Vietnam from 30 June 1967 to 29 June 1968;
b. item 38 (Record of Assignments):
(1) he received all "excellent" ratings for conduct and efficiency during his period of service;
(2) during his service in Vietnam he was assigned to:
(a) Company D, 4th Battalion, 31st Infantry Regiment, 196th Light Infantry Brigade, from 10 July 1967 to 15 February 1968; and
(b) Company E, 4th Battalion, 31st Infantry Regiment, 196th Light Infantry Brigade, from 15 February to 27 June 1968.
c. item 40 (Wounds), no entries; and
d. item 41 (Awards and Decorations), no award of the Purple Heart.
4. His records contain and he submitted a Standard Form 600, dated 3 June 1968, which shows he was treated for a shrapnel wound in the inner portion of his left brow received during a rocket attack on Hill Number 63 on 25 May 1968.
5. He was released from active duty on 4 July 1968 after completing 1 year and 9 months of active duty service. His DD Form 214 does not show award of the Purple Heart.
6. His records contain a DD Form 215 (Correction to DD Form 214), dated 2 July 2012, that shows his DD Form 214 for the period ending 4 July 1968 was corrected to show award of the Army Commendation Medal, Army Good Conduct Medal, Vietnam Service Medal with three bronze service stars, Valorous Unit Award, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.
7. The applicant's name is not listed on the Vietnam casualty roster as being wounded in action on in March 1970.
8. A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command Military Awards Branch, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Purple Heart pertaining to the applicant.
9. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify 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.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows he was treated for a shrapnel wound in the inner portion of his left brow received during a rocket attack on Hill Number 63 on 25 May 1968. Therefore, it would be appropriate to award him the Purple Heart and to correct his DD Form 214 for the period ending 4 July 1968 to show award of the Purple Heart.
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:
a. awarding him the Purple Heart for fragment wounds received in action in the Republic of Vietnam 25 May 1968 and
b. adding award of the Purple Heart to his DD Form 214.
_______ _ _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) AR20140013056
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ABCMR Record of Proceedings (cont) AR20140013056
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