IN THE CASE OF:
BOARD DATE: 6 August 2015
DOCKET NUMBER: AR20150000354
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 Unites States Report of Transfer or Discharge) to show he was awarded the "Vietnam Wound Medal."
2. The applicant states he is providing evidence in the form of a Western Union Telegram to show he should receive this award.
3. The applicant provides copies a Western Union Telegram and 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 enlisted in the Regular Army on 29 July 1968. He completed training and was awarded military occupational specialty 62B (Engineer Equipment Repair).
3. His DA Form 20 (Enlisted Qualification Record) shows in item 38 (Record of Assignments) that he was assigned in Vietnam to Company B, 554th Engineer Battalion from 21 January 1970 to 5 December 1970.
4. The applicant was honorably released from active duty on 28 July 1971 in the rank of specialist five (SP5). He had completed 3 years of net active service. His DD Form 214 shows he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal, Purple Heart, RVN Campaign Medal with Device (1960), Civil Actions Honor Medal First Class, Army Commendation Medal, two Overseas Service Bars, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and the Expert Marksmanship Qualification Badge with Grenade and Rifle (M-16) Bars.
5. His records contain a copy of the orders showing he was awarded the Purple Heart for wounds received in action on 31 March 1970.
6. In support of his request, the applicant provides a Western Union Telegram, dated 2 April 1970, notifying his parents that he was slightly wounded in action on 31 March 1970.
7. A Wikipedia.com printout shows the "Vietnam Wound Medal" was a military decoration of South Vietnam first created in 1953. The decoration was the South Vietnamese equivalent of the U. S. Purple Heart and was awarded to any personnel of the South Vietnamese military who, while engaged in armed combat with enemies of the Republic of Vietnam, were either killed or wounded in action. The decoration was seldom bestowed upon members of the U.S. military and then only if the Soldier in question was attached to and under the direct command of a South Vietnamese unit. The "Vietnam Wound Medal" became obsolete in 1975.
8. Army Regulation 600-8-22 (Military Awards) does not list the "Vietnam Wound Medal" as an authorized award. Each recipient of a foreign award must be provided with a copy of the original citation from the foreign government, a translation of the citation, if necessary, and a letter authorizing the recipient to receive and wear the decoration.
DISCUSSION AND CONCLUSIONS:
1. The applicant received the Purple Heart for the wounds described in the Western Union Telegram to his parents.
2. There is no available evidence showing the applicant was awarded the "Vietnam Wound Medal" by the Vietnamese government.
3. In view of the foregoing, the applicant's request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x____ ___x____ ___x____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
________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) AR20100025029
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ABCMR Record of Proceedings (cont) AR20150000354
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