RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  17 May 2007
	DOCKET NUMBER:  AR20060017636 


	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. Eric N. Andersen

Chairperson

Mr. Antonio Uribe

Member

Mr. Rodney E. Barber

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 correction of his records to show award of the Purple Heart.

2.  The applicant states that the Purple Heart awarded to him on 18 May 1970 is not shown 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 Purple Heart Award Certificate; and Headquarters, 25th Infantry Division General Orders Number 5270, dated 18 May 1970, in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 5 November 1970, the date of his release from active duty and transfer to the United States Army Reserve.  The application submitted in this case is dated 1 December 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.  Records show the applicant was inducted on 15 April 1969.  He was trained in, awarded, and served in military occupational specialty (MOS) 12B (Construction Specialist) and the highest rank he attained while serving on active duty was specialist/pay grade E-4.  The applicant served in the Republic of Vietnam during the period 11 October 1969 through 5 November 1970.

4.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Purple Heart.

5.  Headquarters, 25th Infantry Division General Orders Number 5270, dated 18 May 1970 show the applicant was awarded the Purple Heart for wounds received in action on 15 May 1970.  
6.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

7.  Headquarters, 25th Infantry Division General Orders Number 9684, dated 18 September 1970 show the applicant was awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force during the period November 1969 through November 1970.

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.  His records indicate he participated in the Vietnam Summer-Fall 1969, Vietnam Winter-Spring 1970, DA Sanctuary Counteroffensive, and the Vietnam Counteroffensive Phase VII.

9.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in four campaigns 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.  

10.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to correction of his records to show award of the Purple Heart.  General Orders show the applicant was awarded the Purple Heart for wounds sustained on 15 May 1970.  Therefore, his records should be amended to show this award.

2.  General Orders awarded the applicant the Bronze Star Medal which is not shown on his DD Form 214.  Therefore, he is entitled to have his records corrected to show this award.

3.  General Orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his DD Form 214.  Therefore, he is entitled to have his records corrected to show this foreign unit award.


4.  Record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of four bronze service stars to be affixed to the Vietnam Service Medal.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 5 November 1970; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 4 November 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 is no statute of limitations on requests for award of the Purple Heart.

BOARD VOTE:

_ENA_ ___  _AU____  _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 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 the applicant was awarded the Purple Heart for wounds sustained in the Republic of Vietnam on 15 May 1970, the Bronze Star Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.




_Eric N. Andersen_
          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.