IN THE CASE OF:
BOARD DATE: 28 April 2015
DOCKET NUMBER: AR20140015341
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. The applicant states the Purple Heart is not listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
3. The applicant provides his 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 appointed a Reserve commissioned officer on 9 June 1967 and entered active duty on 25 February 1968. He attended the Armor Officer Basic Course and then flight training school.
3. His DA Form 66 (Officer Qualification Record) shows he served in Vietnam from 6 August 1969 to 21 July 1970, where he was assigned to:
* the 245th Aviation Company from 12 August 1969 to 28 June 1970
* Headquarters and Headquarters Company, 212th Aviation Battalion from 29 June 1970 to 5 July 1970
* the 131st Aviation Company from 6 July 1970 to 20 July 1970
4. The Vietnam casualty roster shows he was wounded by hostile action on 19 July 1970 and received medical treatment for his wounds.
5. Special Orders Number 174, issued by Headquarters, U.S. Army Combat Surveillance and Electronic Warfare School, Fort Huachuca, AZ on
8 September 1971, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).
6. He was honorably released from active duty on 15 June 1972. His DD Form 214 shows he was awarded or authorized the:
* Bronze Star Medal
* Air Medal (6th Award)
* National Defense Service Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Aviator Badge
* two overseas service bars
7. 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.
8. 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 Headquarters and Headquarters Company, 212th Aviation Battalion, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 1 January 1969 to 30 September 1970, by Department of the Army General Order (DAGO) Number 6, dated 1970 and amended by DAGO Number 3, dated 1974.
DISCUSSION AND CONCLUSIONS:
1. The Vietnam casualty roster shows the applicant was wounded in action as a result of hostile enemy action on 19 July 1970. His wounding meets the criteria for award of the Purple Heart. Therefore, he is entitled to be awarded the Purple Heart and his DD Form 214 should be corrected to show it.
2. General orders awarded his unit of assignment in the Republic of Vietnam the Gallantry Cross with Palm Unit Citation during the period in which he was assigned. This unit award is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show it.
3. Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), which is not shown on his DD Form 214; therefore he is entitled to correction of his DD Form 214 to show it.
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 awarding him the Purple Heart (1st Award) for wounds received in action on 19 July 1970 and by amending his DD Form 214 by adding the Purple Heart (1st Award), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).
____________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) AR20140015341
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140015341
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