RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  12 June 2007
	DOCKET NUMBER:  AR20060016473 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Dean L. Turnbull

Analyst

The following members, a quorum, were present:


Ms. LaVerne M. Douglas

Chairperson

Mr. Edward E. Montgomery

Member

Ms. Rea M. Nuppenau

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 that his records be corrected to show the award of the Purple Heart.

2.  The applicant states, in effect, that when he checked his records he noticed that the award of the Purple Heart was not on file.  He states that the Department of Veterans Affairs told him in order to qualify for Post Traumatic Stress Disorder, the award of the Purple Heart needs to be recorded on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a copy of Headquarters,  
12th Evacuation Hospital "(SMBL)" General Orders Number 262, dated  
8 November 1968.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on  
9 February 1970.  The application submitted in this case is dated 12 November 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 records show that he entered active duty on 12 December
1967.  He completed basic combat training and advanced individual training, and was awarded military occupational specialty 11B10 (Light Weapons Infantryman).

4.  Item 31 (Foreign Service) of the applicant's DD Form 214 shows that he served five months in the Republic of Vietnam during the period 4 August 1968 to 10 January 1969.

5.  Headquarters, 12th Evacuation Hospital "(SMBL)" General Orders Number 262, dated 8 November 1968, shows that the applicant was assigned to Company C, 1st Battalion, 5th Infantry when he was awarded the Purple Heart for wounds received in action on 5 November 1968.
6.  A review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This document shows the unit, to which the applicant was assigned, Company C, 1st Battalion, 5th Infantry, was cited for an award of the Presidential Unit Citation based on Department of the Army General Order Number 82, dated 1969; Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Order Number 48, dated 1971; and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation based on Department of the Army General Order Number 9, dated  
1979, as amended by Department of the Army General Order Number 51, dated 1971.

8.  The applicant's records show that he was awarded the Vietnam Service Medal.  However, his DD Form 214 does not show any bronze service stars indicating campaign credit.

9.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the Vietnam Counteroffensive, Phase V (1 July to 1 November 1968), and Vietnam Counter offensive, Phase VI (2 November 1968 to 22 February 1969).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 be corrected to show the Purple Heart.

2.  Orders show that the applicant was awarded the Purple Heart.  Therefore, the applicant is entitled to correction to show this award.

3.  Orders show that Company C, 1st Battalion, 5th Infantry, was awarded the Presidential Unit Citation.  Therefore, he is entitled to correction of his records to show this award.

4.  Orders show that Company C, 1st Battalion, 5th Infantry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation while the applicant was assigned to the unit.  Therefore, he is entitled to correction of his records to show these foreign unit awards.
5.  Records show that the applicant participated in two campaigns during his service in the Republic of Vietnam.  Therefore, he is eligible for award of two bronze service stars to be affixed to his Vietnam Service Medal.

6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 9 February 1970; therefore, the time for the applicant to file a request for correction of any error or injustice expired on  
8 February 1973.  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 fact there are no time limitations on requests for award of the Purple Heart.

BOARD VOTE:

___lmd__  ___rmn__  ___eem__  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 waive failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected to show award of the Purple Heart; Presidential Unit Citation; Republic of Vietnam Gallantry Cross with Palm Unit Citation; Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation; and two bronze stars to be affixed to his Vietnam Service Medal.




_________LaVerne M. Douglas_______
          CHAIRPERSON




INDEX

CASE ID
ARar20060016473
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070612
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.

2.

3.

4.

5.

6.