BOARD DATE: 8 October 2015
DOCKET NUMBER: AR20150002281
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 award of the Purple Heart.
2. The applicant states he was wounded in action in Vietnam on 14 July 1970 but his DD Form 214 does not show award of the Purple Heart.
3. The applicant provides:
* DD Form 214
* Western Union Telegram
* 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's records show he was inducted into the Army of the United States on 24 February 1969 and he held military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. His DA Form 20 (Enlisted Qualification Record) shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) on 28 March 1969, Expert Marksmanship Qualification Badge with Grenade Bar on 8 April 1969, and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) on 17 April 1969.
4. He served in Vietnam from 8 August 1969 to 3 August 1970. He was assigned to Troop C, 7th Squadron, 17th Air Cavalry Regiment, 1st Aviation Brigade.
5. On 14 January 1970, he was wounded in Vietnam as a result of hostile action by fragments while on a military mission when the area came under rocket attack by hostile force. He received wounds to his back and left arm. His records contain a Western Union Telegram as well as an official Department of the Army telefax confirming this combat injury. He also provides a certificate showing award of the Purple Heart for wounds received in action on 14 January 1970.
6. On 17 March 1971, he was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5. His DD Form 214 shows he completed 2 years and 2 days of active service with 22 days of lost time. His DD Form 214 also shows he was awarded or authorized the:
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Combat Infantryman Badge
* Air Medal
* Bronze Star Medal with "V" Device
* Army Commendation Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar
7. He again enlisted in the Regular Army on 6 January 1975 and held MOS 72E (Communications Center Specialist). He was honorably discharged on 15 December 1977. His DD Form 214 (Report of Separation from Active Duty) shows he completed 2 years, 11 months, and 10 days of active service during this period. His DD Form 214 also shows he was awarded or authorized the:
* National Defense Service Medal
* Vietnam Service Medal with 4 bronze services stars
* Vietnam Campaign Medal with 1960 Device
* Combat Infantryman Badge
* Air Medal
* Bronze Star Medal with "V" Device
* 2 overseas service bars
* Army Commendation Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
8. 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.
9. Department of the Army Pamphlet 672-3 (Unit Citations and Campaign Participation Credit) shows during his service with the 7th Squadron, 17th Cavalry from 8 August 1969 to 3 August 1970, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 January to 31 October 1970, by Department of the Army General Orders Number 52, dated 1971.
DISCUSSION AND CONCLUSIONS:
1. The applicant was wounded as a result of hostile action in Vietnam on 14 January 1970 as evidenced the Western Union Telegram, official Department of the Army telefax confirming this combat injury, and the certificate he provides. He meets the criteria for award of the Purple Heart.
2. SO awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and the Expert Marksmanship Qualification Badge with Grenade Bar. Neither badge is listed on his DD Form 214.
3. His unit in Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. This unit award is not listed on his DD Form 214.
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 adding to his DD Form 214 ending on 15 December 1977 the:
* Purple Heart
* Expert Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
_______ _ _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.
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