BOARD DATE: 4 June 2015
DOCKET NUMBER: AR20140017993
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 award of the Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states, in effect, that he was awarded the Purple Heart and it was omitted from his DD Form 214.
3. The applicant provides copies of his DD Form 214 and Purple Heart Certificate.
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 28 August 1967. He completed his basic training at Fort Knox, Kentucky and his advanced individual training as a light weapons infantryman at Fort Polk, Louisiana before being transferred to Vietnam on 21 February 1968. He was assigned to the 1st Battalion, 58th Infantry Regiment.
3. On 11 May 1968, he was wounded in combat operations during a firefight with the enemy. He sustained fragment wounds to the left foot. He was treated and hospitalized in Vietnam and was transferred to the U.S. Army Vietnam Patient Casual Company. He was returned to his unit on 5 August 1968.
4. He departed Vietnam on 18 February 1969 and was transferred to Fort Benning, Georgia where he remained until he was honorably released from active duty on 27 August 1969. He had served 2 years of active service and was awarded the National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Vietnam Campaign Medal with 1960 Device, Combat Infantryman Badge and his marksmanship badges.
5. A review of his official records failed to reveal orders awarding the applicant the Purple Heart; however, his records do record his being wounded and contain a copy of the Western Union Telefax notifying his parents of his being wounded. Additionally, his name is contained on the Vietnam Casualty Listing.
6. His records also show that he was awarded the Army Good Conduct Medal (First award) in General Orders Number 115, issued by Headquarters, 197th Infantry Brigade at Fort Benning, Georgia on 8 August 1969.
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 the applicant's unit was cited for awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record clearly shows that the applicant was wounded as a result of enemy action and that he was treated at a hospital in Vietnam; therefore, it is reasonable to presume, given that he has the Purple Heart Citation, that orders were published and they simply did not reach his records. In any event, he is entitled to the award of the Purple Heart and is entitled to have that award added to his DD Form 214.
2. The applicant was also awarded the Army Good Conduct Medal and is entitled to have that award added to his DD Form 214.
3. Additionally, his unit 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 the period he served with the unit and he is entitled to have those 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 adding the awards of the Purple Heart, Army Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to 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) AR20140017993
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ABCMR Record of Proceedings (cont) AR20140017993
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