RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 March 2007
	DOCKET NUMBER:  AR20060010329 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his military records be corrected to show award of the Purple Heart and in effect other awards as the combat ribbon. 

2.  The applicant essentially states that the Purple Heart should be among the awards shown in his military records.  

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a 9th Infantry Division Certificate of Combat Service, and a DA Form 137 (Installation Clearance Record) in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
23 April 1969, the date of his release from active duty.  Although the application submitted in this case is dated 2 March 2006, it was not received until 25 July 2006. 

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 limitations 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.  The applicant’s military records show that he was inducted into the Army of the United States on 3 May 1967.  He completed basic and advanced individual training and was awarded military occupational specialty 61C (Marine Engineer). After his initial permanent duty assignment at Fort Belvoir, Virginia, he departed for the Republic of Vietnam on 18 September 1968.  He served with the 1097th Transportation Company, 9th Infantry Division during his tour in Vietnam.  He returned to the continental United States on or about 23 April 1969, and was honorably released from active duty on that date.  The DD Form 214 that was issued to him at the time of his release from active duty shows that he was awarded the Army Commendation Medal, the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal.

4.  The applicant’s DD Form 214 does not show that he was awarded the Purple Heart.  However, he was awarded the Purple Heart by Headquarters, 9th Infantry Division General Orders Number 10670, dated 15 November 1968.

5.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his DD Form 214.

6.  The applicant’s DD Form 214 does not show that he was awarded the Bronze Star Medal.  However, he was awarded the Bronze Star Medal by Headquarters, 9th Infantry Division General Orders Number 4232, dated 9 April 1969.

7.  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 at the time of the applicant’s assignment to the 9th Infantry Division, the division was cited for award of the Meritorious Unit Commendation by Headquarters, Department of the Army General Orders Number 37, dated 1970.  This document also shows that at the time of the applicant’s assignment to the 1097th Transportation Company, the unit 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 by Headquarters, Department of the Army General Orders Number 59, dated 1969.

8.  The applicant’s military records show that he was awarded the Vietnam Service Medal, but it does not show that he was awarded any bronze service stars to signify campaign participation credit.  Paragraph 2-13 of Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 contains a list of Vietnam campaigns, and it shows that during his tenure of assignment, the applicant was credited with participating in the Vietnam Counteroffensive Phase V campaign, the Vietnam Counteroffensive Phase VI campaign, and the TET 69 Counteroffensive campaign.  

9.  The applicant’s DD Form 214 does not show that he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.  However, he was awarded this badge by Headquarters, United States Army Engineer Center Brigade, Fort Belvoir, Virginia Special Orders Number 36, dated 4 March 1968.  

10.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart 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, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show the award of the Purple Heart.

2.  General orders awarded the applicant the Purple Heart which is not shown on his DD Form 214; therefore, he is entitled to correction of his military records to show the award of the Purple Heart.

3.  General orders also awarded the applicant the Bronze Star Medal which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his military records to show the award of the Bronze Star Medal.

4.  General orders awarded the Meritorious Unit Commendation to the 9th Infantry Division while the applicant was assigned to this division.  General orders also awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to the 1097th Transportation Company while the applicant was assigned to this unit.  Therefore, he is entitled to award of the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and correction of his military records to show these unit awards.    

5.  The applicant participated in three campaigns during his tour in Vietnam; therefore, he is entitled to correction of his military records to show three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

6.  Special orders awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his military records to show the award of the Expert Marksmanship Qualification Badge with Rifle Bar.

7.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 23 April 1969; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
22 April 1972.  Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file based on the relief being granted in this case, and the fact that there is no time limitation on requests for award of the Purple Heart.
BOARD VOTE:

__MP  __  __LR____  __RB ___  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 and the excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the award of the Purple Heart, the Bronze Star Medal, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Expert Marksmanship Qualification Badge with Rifle Bar, and three bronze service stars to be affixed to his already awarded Vietnam Service Medal.




____Margaret Patterson______
          CHAIRPERSON




INDEX

CASE ID
AR20060010329
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070315
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT PLUS
REVIEW AUTHORITY
AR 15-185
ISSUES         1.
107.0015.0000
2.
107.0014.0000
3.
107.0034.0000
4.
107.0094.0000
5.
107.0095.0000
6.
107.0073.0000 (Add bronze service stars)
7.
107.0108.0000
8.
110.0400.0000