RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  27 March 2007
	DOCKET NUMBER:  AR20060012773 


	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, in effect, that his military records be corrected to show the award of the Purple Heart.

2.  The applicant essentially states that he was awarded the Purple Heart for wounds received in action on 8 November 1967. 

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a citation showing that he was awarded the Purple Heart for wounds received in action on 8 November 1967 in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
19 September 1968, the date of his release from active duty.  The application submitted in this case is dated 25 August 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 commissioned as a second lieutenant on 3 May 1964, and entered active duty on 20 September 1965.  He departed for the Republic of Vietnam on 11 January 1967, and served with Company A, 229th Aviation Battalion, 1st Cavalry Division until he was reassigned to Company A, 227th Aviation Battalion, 1st Cavalry Division on
1 March 1967.  On 10 March 1967, he was reassigned to Company D of the same battalion, where he served the remainder of his tour in Vietnam.  He returned to the continental United States on 6 January 1968, and served at Fort Bragg, North Carolina until he was honorably released from active duty on
19 September 1968.  The DD Form 214 that he was issued at the time of his release from active duty shows that he was awarded the Distinguished Flying Cross, the Air Medal with “V” (for Valor) Device with First Oak Leaf Cluster, the 


Air Medal with Number 33 Device, the Bronze Star Medal, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the Army Aviator Badge.

4.  The applicant’s DD Form 214 does not show that he was awarded the Purple Heart.  However, the applicant provided a certificate which shows that he was awarded the Purple Heart for wounds received in action on 8 November 1967.  This citation is corroborated by Headquarters, 1st Cavalry Division General Orders Number 753, dated 2 February 1968, which were in his military records.

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.  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 Company A, 227th Aviation Battalion, the unit was cited for award of the Presidential Unit Citation by Department of the Army General Orders Number 2, dated 1973.  It also shows that at the time of the applicant’s assignment to Company D, 227th Aviation Battalion, the unit was also cited for award of the Presidential Unit Citation by Department of the Army General Orders Number 2, dated 1973.  Additionally, it shows that at the time of the applicant’s assignment to the 1st Cavalry Division, the division was twice cited for award of the Meritorious Unit Commendation by Department of the Army General Orders Number 10, dated 1968, and Department of the Army General Orders Number 37, dated 1970.  It further shows that at the time of the applicant’s assignment to the 227th Aviation Battalion, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 59, dated 1969.

7.  The applicant’s DD Form 214 shows that he was awarded the Vietnam Service Medal, but does not show that he was awarded any bronze service stars to signify campaign participation credit.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-13 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 assignment in Vietnam, the applicant was credited with participating in the Vietnam Counteroffensive Phase II campaign and the Vietnam Counteroffensive Phase III campaign.

8.  Army Regulation 600-8-22 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 been treated by a medical officer, and the medical treatment must have been made a matter of official records.  This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.

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 for wounds received in action on 8 November 1967.  Therefore, he is entitled to correction of his military records to show the award of the Purple Heart.  

3.  General orders awarded the Presidential Unit Citation to Company A, 227th Aviation Battalion while the applicant was assigned to this unit, and also to Company D, 227th Aviation Battalion while the applicant was assigned to this unit.  General orders also twice awarded the Meritorious Unit Commendation to the 1st Cavalry Division while the applicant was assigned to the division.  General orders further awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the 227th Aviation Battalion while the applicant was assigned to this battalion.  Therefore, he is entitled to award of the Presidential Unit Citation with First Oak Leaf Cluster, the Meritorious Unit Commendation with First Oak Leaf Cluster, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and correction of his military records to show these unit awards.

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

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 19 September 1968; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
18 September 1971.  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:

___KW__  __CD ___  ___EF __  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.  showing the award of the Purple Heart;

b.  awarding him the Presidential Unit Citation with First Oak Leaf Cluster, the Meritorious Unit Commendation with First Oak Leaf Cluster, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

c.  showing two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.





_____Kenneth Wright_______
          CHAIRPERSON




INDEX

CASE ID
AR20060012773
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070327
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.
107.0031.0000 (2)
3.
107.0034.0000 (2)
4.
107.0094.0000
5.
107.0073.0000 (add bronze service stars)
6.
110.0400.0000