IN THE CASE OF:
BOARD DATE: 20 August 2015
DOCKET NUMBER: AR20140021098
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 (Report of Separation from Active Duty) to show he was awarded the Purple Heart.
2. The applicant states:
* he was awarded the Purple Heart and it is not reflected on his
DD Form 214
* he was awarded the Purple Heart for shrapnel wounds he received on 5 October 1968
* he was hospitalized for approximately 6 days after he was wounded
3. The applicant provides a copy of his DD Form 214 dated 7 March 1972.
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 enlisted in the Regular Army (RA) for 3 years on 10 January 1968. He completed training as a light weapons infantryman. He arrived in Vietnam on 15 June 1968 and he was assigned to Company D, 1st Battalion, 28th Infantry, 1st Infantry Division.
3. On 25 October 1968, Headquarters, 1st Infantry Division General Orders Number 11313 were published awarding the applicant the Purple Heart for wounds received in connection with military operations against a hostile force on 5 October 1968.
4. He immediately reenlisted in the RA on 13 January 1969. On 14 June 1969, the applicant departed Vietnam en-route to the United States. He was honorably discharged on 12 November 1969. The DD Form 214 he received for this period of service is not available for review.
5. The applicant immediately reenlisted on 13 November 1969. He was honorably discharged on 27 August 1970 and the DD Form 214 he received for this period of service does not show he was awarded the Purple Heart.
6. The applicant immediately reenlisted in the RA on 28 August 1970 and he was discharged on 7 March 1972. The DD Form 214 he received for this period of service does not show he was awarded the Purple Heart.
7. Army Regulation 635-5 (Separation Documents), effective 23 August 1973, provided detailed instructions for completing separation documents, including the DD Form 214. It provided that all decorations, service medals, campaign credits, and badges awarded or authorized, as shown on the Enlisted Qualification Record (DA Form 20) were to be entered in Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized). This was to cover all periods of service. Subsequent editions of the DD Form 214 moved these entries to Item 13. In July 1979, Item 13 added the statement "All periods of service."
DISCUSSION AND CONCLUSIONS:
1. The available evidence clearly shows that he was awarded the Purple Heart in General Orders Number 11313. This award should be added on his
DD Form 214.
2. Inasmuch as the DD Form 214 covering the period of service for which he was awarded the Purple Heart is not available, it would be in the interest of justice to amend his DD Form 214, dated 7 March 1972, to include 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 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 item 26 on his DD Form 214, dated 7 March 1972, to show he was awarded the Purple Heart.
_______ _ 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) AR20140021098
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ABCMR Record of Proceedings (cont) AR20140021098
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