RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 21 June 2007
DOCKET NUMBER: AR20070000677
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
Ms. Wanda L. Waller
Analyst
The following members, a quorum, were present:
Ms. Sherri Ward
Chairperson
Mr. Richard Dunbar
Member
Mr. David 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 correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart, the Army Commendation Medal, and the Combat Infantryman Badge.
2. The applicant states that these awards are not recorded on his DD Form 214.
3. The applicant provides orders for the Purple Heart, the Army Commendation Medal, and the Combat Infantryman Badge; and a copy of his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of alleged errors which occurred on
9 June 1969. The application submitted in this case is dated 2 January 2007.
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 applicants failure to timely file.
3. The applicant was inducted on 8 September 1967. He arrived in Vietnam on 9 June 1968. He served as an infantry indirect fire crewman assigned to Company E, 2nd Battalion, 35th Infantry of the 4th Infantry Division in Vietnam from 20 June 1968 through 6 June 1969. On 9 June 1969, the applicant was released from active duty.
4. The applicants DD Form 214 shows the National Defense Service Medal, the Good Conduct Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device 1960, two awards of the Overseas Service Bar, and the Expert Marksmanship Qualification Badge with Rifle Bar as authorized awards.
5. Headquarters, 4th Infantry Division Special Orders Number 212, dated 30 July 1968, show the applicant received the first award of the Combat Infantryman Badge.
6. Headquarters, 4th Infantry Division General Orders Number 5156, dated
24 September 1968, show the applicant received the Purple Heart for wounds received in action on 21 August 1968 in Vietnam.
7. Headquarters, 4th Infantry Division General Orders Number 1610, dated
11 May 1969, show the applicant received the Army Commendation Medal for meritorious service in Vietnam during the period June 1968 to June 1969.
8. Records show the applicant participated in four campaigns during his assignment in Vietnam.
9. 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 the applicant's unit is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 38, dated 1970.
10. Department of the Army Pamphlet 672-3 also shows the applicant's unit is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 53, dated 1970.
11. Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.
DISCUSSION AND CONCLUSIONS:
1. Orders show the applicant received the Purple Heart, the Army Commendation Medal, and the Combat Infantryman Badge.
2. The applicant participated in four campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with four bronze service stars.
3. The applicants unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.
4. Records show the applicant should have discovered the alleged errors now under consideration on 9 June 1969; therefore, the time for the applicant to file a request for correction of any error expired on 8 June 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:
SW____ __RD____ __DT___ 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 amending his DD Form 214 to add the Purple Heart, the Army Commendation Medal, the Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars for wear on his already-awarded Vietnam Service Medal.
__Sherri Ward_________
CHAIRPERSON
INDEX
CASE ID
AR20070000677
SUFFIX
RECON
DATE BOARDED
20070621
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
.
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
107.0015
2.
107.0000
3.
4.
5.
6.
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