RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  24 May 2007
	DOCKET NUMBER:  AR20060016896 


	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

Mrs. Victoria A. Donaldson

Analyst

The following members, a quorum, were present:


Mr. Ronald J. Weaver

Chairperson

Mr. Jeffrey C. Redmann

Member

Mr. David W. Tucker

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 he was awarded the Purple Heart and the Army Commendation Medal.

2.  The applicant states, in effect, that the above awards were not placed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

3.  The applicant provides a copy of his DD Form 214, a Certificate for award of the Purple Heart, and a Certificate for award of the Army Commendation Medal in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 6 August 1969, the date of his release from active duty.  The application submitted in this case is dated 27 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 enlisted in the United States Army Reserve on 25 August 1966 and was ordered to active duty on 13 May 1968.  He completed basic training and advanced individual training and was awarded the military occupational specialty (MOS) 91A (Medical Corpsman).  

4.  The applicant served a tour of duty in the Republic of Vietnam during the period 25 September 1968 through 1 August 1969.  

5.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, Republic of Vietnam Campaign Medal, and Vietnam Service Medal.  Item 24 does not show award of the Purple Heart or the Army Commendation Medal.

6.  Headquarters, 312th Evacuation Hospital General Orders Number 22, dated 24 February 1969, awarded the applicant the Purple Heart for wounds received in action on 23 February 1969.

7.  Headquarters, 44th Medical Brigade General Orders Number 686, dated
17 July 1969, awarded the applicant the Army Commendation Medal for meritorious service in the Republic of Vietnam during the period 24 September 1968 through 1 August 1969.

8.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on any of his DD Forms 214.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

10.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.

11.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, and the Tet Counteroffensive during his tour of duty in Vietnam.  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.  General Orders show the applicant was awarded the Purple Heart for wounds sustained in action in the Republic of Vietnam on 23 February 1969.   Therefore, he is entitled to correction of his records to show this award. 

2.  General Orders show the applicant was awarded the Army Commendation Medal for meritorious service in the Republic of Vietnam during the period 24 September 1968 through 1 August 1969.  Therefore, he is entitled to correction of his records to show this award. 

3.  General Orders show the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his separation document.  Therefore, he is entitled to correction of his records to show this award. 
4.  Record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of three 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 6 August 1969; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 5 August 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 fact there is no statute of limitations on requests for award of the Purple Heart.

BOARD VOTE:

_RJW___   _DWT___   _JCR___  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, the Army Commendation Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.




__Jeffrey C. Redmann__
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

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

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.