RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  23 August 2007
	DOCKET NUMBER:  AR20070003824 


	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:


Mr. Lester Echols

Chairperson

Mr. John T. Meixell

Member

Mr. Richard T. Dunbar

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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show a second award of the Purple Heart (in effect, a Purple Heart with Oak Leaf Cluster). 

2.  The applicant states, in effect, that his DD Form 214 is inaccurate because it does not have his award of the Purple Heart with Oak Leaf Cluster. 

3.  The applicant provides a copy of his DD Form 214 and two copies of Certificate of Awards for the Purple Heart dated 7 May 1967 and 24 June 1967. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 17 May 1968.  The application submitted in this case is dated 2 February 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 applicant’s failure to timely file.

3.  The applicant's records show that he entered active duty on 18 May 1966.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty 11B1O (Light Weapons Infantryman).

4.  He served with Troop K, 3rd Squadron, 11th Armored Cavalry Regiment in the Republic of Vietnam during the period 27 October 1966 to 29 July 1967.  The applicant was honorably released from active duty on 17 May 1968 and transferred to the U.S. Army Reserve Control Group, St. Louis, Missouri.  He had completed 2 years of active service.

5.  Item 24 (Decorations, Medals, badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form  
214 shows the award of the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal with Device 1969, Purple Heart, Combat Infantryman Badge, 1 Oversea Service Bar, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  However, it does not show the Purple Heart with Oak Leaf Cluster.
6.  The two Certificate of Awards show that the applicant was awarded the Purple Heart for wounds he sustained in action in the Republic of Vietnam on 6 March 1967 and 19 June 1967.

7.  In the processing of the applicant's case, two Western Union Telegrams dated 12 March 1967 and 21 June 1967 were located.  Both Western Union Telegrams state, in effect, that the applicant sustained a metal fragment wound to his back and also to both legs while engaged in a hostile fire fight with the enemy on  
6 March 1967 and 19 June 1967.

8.  A review of the Republic of Vietnam Casualty Roster confirmed that the applicant was wounded in action as a result of hostile fire on 6 March 1967 and 19 June 1967.

9.  Army Regulation 600-8-22 states, in pertinent part, that an Oak Leaf Cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

10.  A review of the applicant's records show entitlement to additional awards and decorations not shown in item 24 of his DD Form 214.

11.  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 all units assigned in Vietnam from 
8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Department of the Army General Order Number 8, dated 1974.

12.  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.

13.  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 II.  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 should be corrected to show the Purple Heart with Oak Leaf Cluster.

2.  The Republic of Vietnam Casualty Roster and the Western Union Telegrams that the applicant submitted is sufficient to award the applicant the Purple Heart with Oak Leaf Cluster for the metal fragment wound he sustained to his back and also to both legs while engaged in hostile fire fight with the enemy on 6 March 1967 and 19 June 1967.  

3.  Evidence shows the applicant is entitled to the award Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his records to show this foreign unit award.

4.  Evidence shows that the applicant participated in one campaign during his service in the Republic of Vietnam.  Therefore, he is entitled to one bronze service star to be affixed to his Vietnam Service Medal.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 17 May 1968; therefore, the time for the applicant to file a request for correction of any error or injustice expired on  
16 May 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 fact there are no time limitations on requests for award of the Purple Heart.

BOARD VOTE:

___jtm___  ____le__  ____rtd__  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 with Oak Leaf Cluster for wounds applicant sustained in the Republic of Vietnam on 6 March 1967 and 19 June 1967, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one bronze service star to be affixed to his Vietnam Service Medal.




__________Lester Echols_________
          CHAIRPERSON




INDEX

CASE ID
AR20070003824
SUFFIX

RECON
20070823
DATE BOARDED
YYYYMMDD
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.