| Mr. Carl W. S. Chun | Director | |
| Ms. Deborah L. Brantley | Senior Analyst |
| Mr. Luther L. Santiful | Chairperson | |
| Mr. Lester Echols | Member | |
| Mr. Thomas E. O'Shaughnessy, Jr. | Member |
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his award of the Purple Heart be added to his separation document. In a subsequent application he also requested, in effect, that his Army Commendation Medal with “V” device be added to the separation document as well.
2. The applicant states, in effect, that the awards were omitted from his separation document.
3. The applicant provides copies of the award certificates and orders confirming his entitlement to both awards.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an error which occurred on 12 May 1970. The applications submitted in this case are dated 21 May 2003 and
29 August 2003.
2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.
3. Records available to the Board indicate that the applicant was inducted and entered active duty on 13 May 1968. He was trained as an infantryman and in October 1968 he was assigned as a rifleman with the 5th Battalion, 60th Infantry.
4. According to medical documents, messages, and orders contained in his file, he was wounded as a result of hostile action on 14 January 1969 and awarded the Purple Heart. Orders issued by the 1st Infantry Division confirmed the award. The award was omitted from this separation document.
5. As a result of the applicant’s heroic actions on 14 January 1969, he was also awarded the Army Commendation Medal with “V” device. Orders issued by the 1st Infantry Division also confirmed that award. It was also omitted from his separation document.
6. As a result of the applicant’s combat wounds, he was evacuated from Vietnam on 19 January 1969 and ultimately returned to duty at Fort Jackson, South Carolina in April 1969. On 12 May 1970 he was released from active duty with an honorable characterization of service.
7. A review of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) notes the applicant’s unit was credited with participating in two designated campaigns (Vietnam Consolidation IV and V) during the applicant’s period of assignment. Two bronze service stars on the Vietnam Service Medal, which is recorded on his separation document, should reflect his campaign participation. The unit was also awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his tenure with the organization. The unit awards were omitted from his separation document.
DISCUSSION AND CONCLUSIONS:
1. The evidence confirms the applicant was awarded the Purple Heart and Army Commendation Medal with “V” device. His records should be corrected accordingly.
2. The evidence also confirms that the applicant is entitled to two bronze service stars on his Vietnam Service Medal, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.
BOARD VOTE:
__LLS___ __LE ___ __TEO __ GRANT RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
| CASE ID | AR2003091997 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20040325 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. | 107.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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