IN THE CASE OF: BOARD DATE: 24 November 2015 DOCKET NUMBER: AR20150004821 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 his award of the Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 2. The applicant states he lost his original medals and DD Form 214 in 1969 during a relocation. When he requested a replacement he was told that his records had been lost in the St. Louis storage depot fire and the copy of his DD Form 214 did not list the Purple Heart. 3. The applicant 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 applicant was inducted and entered active duty on 2 August 1966, completed training, and was awarded the military occupational specialty 95B (Military Police). 3. He served in Vietnam from 17 July 1967 through 16 July 1968 with the 9th Military Police Company, 9th Infantry Division. 4. The applicant's DA Form 20 (Enlisted Qualification Record) shows at block 40 (Wounds) shows he received a fragment wound to the face on 11 May 1968. The applicant's awards are shown as the National Defense Service Medal, Marksman Marksmanship Qualification Badge with Rifle Bar, Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960). 5. Orders in his record show he qualified as a marksman with both the M-14 rifle and the .45 caliber pistol. 6. The applicant was honorably discharged on 16 July 1968. His DD Form 214 lists his awards National Defense Service Medal, Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960). 7. The Vietnam Casualty Roster shows he was wounded on 5 May 1968 with a description of "Hostile Wounded In Action: Not Serious Not Hospitalized." 8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows that while the applicant was assigned to the 9th Military Police Company, 9th Infantry Division, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. 9. Army Regulation 600-8-22 (Military Awards) states: a. The Purple Heart is awarded for a wound sustained 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. b. A bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal. The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal. Based on the applicant's dates of service in Vietnam he participated during the following four campaign periods: the Counteroffensive Phase III, 1 June 1967 - 29 January 1968; Tet Counteroffensive, 30 January 1968 - 1 April 1968; Counteroffensive Phase IV, 2 April 1968 - 30 June 1968; and the Counteroffensive Phase V, 1 July 1968 - 1 November 1968. DISCUSSION AND CONCLUSIONS: 1. The Vietnam Casualty Roster shows the applicant was wounded on 5 May 1968 and the fact that he was wounded is noted on his DA Form 20. These items constitute an official record of a qualifying wound. 2. However, the Purple Heart was omitted as an authorized award on both the DA Form 20 and the DD Form 214. 3. The applicant served in Vietnam during four campaign periods and is authorized to wear four bronze service stars on his Vietnam Service Medal. 4. The applicant's Marksman Marksmanship Qualification Badge with Rifle and Pistol Bars was omitted from his DD Form 214. 5. The applicant is also shown to be authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, which are not included 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: a. deleting the Vietnam Service Medal from his DD Form 214; and b. adding to his DD Form 214 – * Purple Heart * Vietnam Service Medal with four bronze service stars * Marksman Marksmanship Qualification Badge with Rifle and Pistol Bars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class 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. ABCMR Record of Proceedings (cont) AR20150004821 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004821 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1