IN THE CASE OF: BOARD DATE: 22 February 2012 DOCKET NUMBER: AR20110016364 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 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 the Purple Heart is missing from his DD Form 214 and this has hindered his attempts to receive medical services and compensation benefits from the Department of Veterans Affairs. 3. The applicant provides: * Western Union telegram * Newspaper article stating he was wounded in action in Vietnam * DA Form 8-119 (Hospital Arrival Notice) 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 28 February 1967 for a period of 3 years. He served as a light weapons infantryman assigned to Company E, 1st Battalion of the 501st Infantry in Vietnam from 16 December 1967 until he was wounded in action on 22 March 1968 and transferred to the United States on 18 April 1968 for further medical treatment. On 24 December 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation. 3. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the: * National Defense Service Medal * Vietnam Service Medal with three bronze service stars * Combat Infantryman Badge * Parachutist Badge * Republic of Vietnam Campaign Medal with Device (1960) 4. There are no orders for the Purple Heart in the available records. 5. A Western Union telegram, dated 25 March 1968, states: * he was slightly wounded in Vietnam on 22 March 1968 as a result of hostile action * he received a gunshot wound to the left buttocks * he was on a combat operation when his unit was ambushed by a hostile force 6. The Vietnam casualty roster shows he was wounded on 22 March 1968. 7. Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he was injured (gunshot wound to left buttocks) on 23 March 1968. 8. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant. 9. Department of the Army Pamphlet 672-3 lists the awards received by units serving in Vietnam. This pamphlet shows the 1st Battalion, 501st Infantry, was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 48, dated 1971. 10. Department of the Army Pamphlet 672-3, paragraph 6d states that Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973. 11. Army Regulation 600-8-22 (Military Awards) states 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 medical personnel, and the medical treatment must have been made a matter of official record. DISCUSSION AND CONCLUSIONS: 1. The applicant contends the Purple Heart is missing from his DD Form 214. 2. Although item 40 of the applicant’s DA Form 20 states he was wounded on 23 March 1968, the Western Union telegram and the entry on the Vietnam casualty roster which show he was wounded on 22 March 1968 are accepted as sufficient evidence on which to base award of the Purple Heart and add it to his DD Form 214. 3. His unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to the unit. His DD Form 214 should be corrected to show this unit award. 4. The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam. The applicant served in Vietnam during a qualifying period; therefore, he is entitled to correction of his DD Form 214 to show this unit 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: a. awarding him the Purple Heart for wounds received in action on 22 March 1968 in Vietnam; and b. adding the Purple Heart, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to item 24 of his DD Form 214. _______ _ __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) AR20110016364 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110016364 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1