BOARD DATE: 4 October 2012 DOCKET NUMBER: AR20120006961 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 the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) of his deceased brother, a former service member (FSM), be corrected to show his award of the Purple Heart. 2. The applicant states his brother was wounded in Vietnam on 3 January 1969 and his award of the Purple Heart is not reflected on his DD Form 214. 3. The applicant provides a copy of the FSM’s DD Form 214, Honorable Discharge Certificate, death certificate, and a copy of the casualty message sent to his mother. 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 FSM was inducted on 8 February 1968. He completed his basic training at Fort Benning, Georgia and his advanced individual training as a light weapons infantryman at Fort Polk, Louisiana before being transferred to Vietnam on 12 July 1968. 3. He was assigned to B Company, 3rd Battalion, 39th Infantry Regiment, 9th Infantry Division for 8 days before being transferred to Headquarters and Headquarters Company, 9th Infantry Division. On 22 November 1968, he was assigned to Company E, 50th Infantry Regiment and on 3 January 1969 he was wounded in action by fragments from a booby trap. He received fragment wounds to the left leg and neck. 4. On 1 February 1969 he was assigned to Company C, 75th Ranger Regiment and on 28 June 1969 he was assigned to Company B, 75th Ranger Regiment. 5. He served in four campaigns and departed Vietnam on 11 July 1969. He was honorably released from active duty (REFRAD) on 6 February 1970 due to the expiration of his term of service (ETS). He had served 1 year, 11 months, and 29 days of active service. 6. The FSM’s DD Form 214 issued at the time of his REFRAD shows that he was awarded the Bronze Star Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Vietnam Service Medal, Combat Infantryman Badge, Republic of Vietnam Campaign Medal with Device (1960), National Defense Service Medal, Good Conduct Medal, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation with one oak leaf cluster (OLC). 7. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record. 8. Army Regulation 600-8-22 states a bronze service medal is worn on the appropriate service medal, to include the Vietnam Service Medal, for each campaign participation credit. DISCUSSION AND CONCLUSIONS: 1. The evidence of record clearly shows that the FSM was wounded as a result of enemy action and that treatment for his wounds was made. Therefore, it is reasonable to presume that he was awarded the Purple Heart and it should be added to his DD Form 214 at this time. 2. The FSM also served in four campaigns and thus is entitled to wear four bronze service stars on his already awarded Vietnam Service Medal and to have them 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: * Deleting the award of the Vietnam Service Medal from the FSM’s DD Form 214 * Adding the awards of the Purple Heart and the Vietnam Service Medal with four bronze service stars to his DD Form 214 2. The Board wants the applicant and all others to know that the sacrifices made by his late brother 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) AR20120006961 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120006961 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1