IN THE CASE OF:
BOARD DATE: 16 April 2015
DOCKET NUMBER: AR20140015837
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 the Purple Heart.
2. The applicant states the Purple Heart is not shown on his DD Form 214.
3. The applicant provides one page of his DA Form 20 (Enlisted Qualification Record) and a letter from the National Personnel Records Center, dated 22 August 2014.
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 16 February 1966 and he held military occupational specialty 11B (Light Weapons Infantryman). He served in Vietnam from 17 August 1966 to 16 August 1967 while assigned to Company D, 2nd Battalion, 5th Cavalry, 1st Cavalry Division.
3. He was honorably released from active duty on 15 February 1968 and he was transferred to the U.S. Army Reserve.
4. The DD Form 214 he was issued shows award of the:
* National Defense Service Medal
* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Air Medal
* Bronze Star Medal with "V" Device
* one Overseas Service Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Army Good Conduct Medal
5. His record is void of orders showing award of the Purple Heart. Item 29 (Qualification in Arms) of his DA Form 20 (Enlisted Qualification Record) shows he qualified as first class gunner (or sharpshooter) with the 81mm mortar.
6. Item 40 (Wounds) of his DA Form 40 is blank; however, item 41 (Awards and Decorations) of this form shows award of the Purple Heart and noted the award was issued to him.
7. Army Regulation 600-200 (Enlisted Personnel Management), chapter 9, of the version in effect at the time, stated that a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 of the DA Form 20.
8. Army Regulation 600-8-22 (Military Awards) provides that 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.
9. Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar. For Vietnam service, one Overseas Service Bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.
10. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows 2nd Battalion, 5th Cavalry was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 through 19 May 1969, by DA General Order (DAGO) Number 59, dated 1969.
DISCUSSION AND CONCLUSIONS:
1. The regulation in effect at the time required an entry be made in item 40 of the DA Form 20 to note a wound received in action with a brief description of the wound. However, it appears an error occurred on the applicant's DA Form 20 when an entry was made instead in item 41 to show he was awarded and issued the Purple Heart. Therefore, it would be appropriate to correct his DD Form 214 to show this award.
2. GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit. Therefore, he is entitled to correction of his DD Form 214 to show this unit award.
3. His record shows he qualified as sharpshooter with the 81mm mortar; therefore, it would be appropriate to correct his DD Form 214 to show the Sharpshooter Marksmanship Qualification Badge with Mortar Bar (81mm).
4. He served in Vietnam for 12 months. Therefore, he is entitled to a second Overseas Service Bar and correction of his DD Form 214 accordingly.
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 amending his DD Form 214 by:
* deleting one Overseas Service Bar
* adding the:
* Purple Heart
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Mortar Bar (81mm)
* two Overseas Service Bars
_______ _ _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) AR20140015837
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ABCMR Record of Proceedings (cont) AR20140015837
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