IN THE CASE OF:
BOARD DATE: 24 September 2015
DOCKET NUMBER: AR20150002731
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 he was awarded the Purple Heart (PH) in Vietnam.
2. The applicant states, in effect, that based on his DD Form 214, item 30 (Remarks), his left hand was wounded by a missile on 13 April 1968 in the Republic of Vietnam (RVN); therefore, he should have been awarded the PH.
3. He provides a copy of 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 applicants records are not available for review. However, the applicants DD Form 214 shows he was inducted in the Army of the United States on
1 August 1967 and held military occupational specialty (MOS) 71B (Clerk/Typist).
3. On 9 June 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve. His DD Form 214 shows:
* Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized)
o National Defense Service Medal
o RVN Campaign Medal with Device (1960)
o Vietnam Service Medal with two bronze service stars
o Army Good Conduct Medal
o Combat Infantryman Badge
o RVN Gallantry Cross with Palm Unit Citation
o Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
o Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
o Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Item 30 Wounds MSL Wound left hand 13 Apr 1968 Republic of Vietnam
4. A review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing shows the applicant's name is listed as a casualty on
13 April 1968 under casualty status code "23." This casualty code refers to "hostile wounded in action, not serious, hospitalized."
5. The available records are void of documentation showing he was awarded the PH.
6. Army Regulation 600-8-22 (Military Awards) states the PH 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.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was wounded in action and that his wound was made a matter of official record.
2. The applicants name is listed on the Vietnam casualty listing. All other information associated with the applicant's name in the Vietnam casualty listing corresponds to the available information regarding his service.
3. In light of the available evidence, it would be appropriate to award the applicant the PH for wounds he incurred on 13 April 1968 in Vietnam and to correct his DD Form 214 for the period ending 9 June 1969 to show this award.
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:
* awarding him the PH for wounds incurred on 13 April 1968 as a result of hostile action
* adding the PH to item 24 of his DD Form 214 for the period ending
9 June 1969
__________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) AR20130017382
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