RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  26 April 2007
	DOCKET NUMBER:  AR20060010746 


	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.


Mr. Gerard W. Schwartz

Acting Director



Analyst
      The following members, a quorum, were present:




Chairperson



Member



Member
	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, in effect, that his Purple Heart award be shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 9 August 1983. 

2.  The applicant states, in effect, that the Purple Heart award is not shown on his last DD Form 214.  His Purple Heart award is listed on his earlier DD Form 214, dated 12 June 1972. 

3.  The applicant provides copies of his 1972 and 1983 DD Forms 214 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 9 August 1983, the date of his separation from active duty.  The application submitted in this case is dated 20 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 he enlisted in the Regular Army, in pay grade E-1, on 4 October 1968.  He reenlisted, in pay grade E-3, on 13 June 1969.  He completed basic and advanced individual training and was assigned military occupational specialty (MOS) 11E, armor crewman and was later reclassified to MOS 11H, heavy anti-armor weapons infantryman.

4.  His records show that he served in the Republic of Vietnam from 14 September 1969 through 15 April 1971, with Company B, 1st Battalion, 77th Armor, for four campaigns.



5.  He was issued Headquarters, 1st Infantry Brigade, 5th Infantry Division General Orders Number 982, dated 30 June 1970, awarding him the Purple Heart for wounds received in connection with military operations against a hostile force on 3 June 1970.

6.  He was released from active duty, in pay grade E-4, on 12 June 1972, at the expiration of his term of service.  He was transferred to the United States Army Reserve (USAR) Control Group (Standby).

7.  Entries on his DD Form 214, Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), list the following awards:  the Vietnam Service Medal, the Vietnam Campaign Medal with Device 1960, the Bronze Star Medal, the Purple Heart, three Overseas Service Bars, and the Combat Infantryman Badge.

8.  He enlisted in the Regular Army, in pay grade E-2, on 12 August 1980, for 3 years.  He was advanced to pay grade E-4 on 1 November 1981.  He served overseas in Germany from 27 July 1981 through 8 August 1983.

9.  He was released from active duty, in pay grade E-4, on 9 August 1983, at the expiration of his term of service.  He was transferred to the USAR Control Group (Reinforcement).

10.  Entries on his DD Form 214, Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), list the following awards:  the Bronze Star Medal, the Army Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal with four bronze service stars, the Noncommissioned Officer Professional Development Ribbon with Numeral 1, the Army Service Ribbon, the Overseas Service Ribbon, the Republic of Vietnam Campaign Medal with Device 1960, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Combat Infantryman Badge; the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, the Driver and Mechanic Badge with Driver-W Bar, and three Overseas Service Bars.

11.  He was honorably discharged from the USAR on 9 August 1986.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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, and the medical treatment must have been made a matter of official record.  The regulation also states that the Purple Heart is not governed by the statute of limitations.

13.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It stated that in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), list awards and decorations for all periods of service in the priority sequence specified in AR 600-8-22.  Each entry will be verified by the Soldier’s records.  Do not use abbreviations.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that he was awarded a Purple Heart for wounds he received in Vietnam on 3 June 1970 in connection with military operations against a hostile force, which was properly recorded on his DD Form 214, dated 12 June 1972.  Therefore, he is entitled to correction to his DD Form 214, dated 9 August 1983, to show this award.

2.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

3.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 9 August 1983, date of his release from active duty; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 8 August 1986.  The applicant did not file within the 3-year statute of limitations.  However, since award of the Purple Heart is not governed by a statute of limitations, it is appropriate to waive failure to timely file in this case.

BOARD VOTE:

___D___  __WDP__  __WFC __  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 to 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 award of the Purple Heart for wounds 
received as a result of enemy action in the Republic of Vietnam on 3 June 1970, on the DD Form 214, dated 9 August 1983, and providing him a corrected separation document that includes this award.




      ____
                CHAIRPERSON




INDEX

CASE ID
AR20060010746
SUFFIX

RECON

DATE BOARDED
20070426
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT PLUS
REVIEW AUTHORITY

ISSUES         1.
107.00
2.
107.15
3.

4.

5.

6.



ABCMR Record of Proceedings (cont)                                         AR20060010746



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA  22202-4508