RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  14 November 2007
	DOCKET NUMBER:  AR20070008191 


	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. Loretta D. Gulley

Analyst

The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Ms. Carmen Duncan

Member

Mr. Qawiy A. Sabree

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, in effect, award of the Purple Heart, the Bronze Star Medal, and the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation. 

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

3.  The applicant provided a copy of General Orders Number 6427, dated 14 July 1969, a copy of a certificate for the Bronze Star Medal, and a copy of a citation for the Bronze Star Medal in support of his application.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's record shows that he was inducted into the Army of the United States on 6 January 1969.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The highest rank he attained while serving on active duty was Specialist (E-4). 

3.  The applicant's Enlisted Qualification Record (DA Form 20) shows that he served in RVN from 13 June 1969 through 12 June 1970, performing duties in MOS 11B, Rifleman, and that during his RVN tour he was assigned to the 1st Battalion, 52nd Infantry, 198th Infantry Brigade.





4.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows that he earned the following awards during his active duty tenure:  the National Defense Service Medal (NDSM), the Combat Infantryman Badge, the Bronze Star Medal, the Vietnam Service Medal (VSM), the Republic of Vietnam Campaign Medal (RVNCM) with “60” Device, and two Overseas Service Bars. 

5.  On 5 January 1971, the applicant was honorably released from active duty after completing a total of 2 years of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows that he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

6.  Section 24 (Decorations, 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.  Section 41 (Awards and Decoration) of the applicant's DA Form 20 does not show award of the Purple Heart. 

7.  Section 40 (Wounds) of the applicant’s DA Form 20 (Service Record) shows that the applicant received shrapnel wounds to his right shoulder.

8.  The applicant's name is listed on the Vietnam Casualty Roster for wounds received in action on 12 July 1969.

9.  General Orders Number 6427, Headquarters, Americal Division, APO San Francisco, dated 14 July 1969, show that the applicant was awarded the Purple Heart on 12 July 1969, for wounds received in connection with military operations.

10.  General Orders Numbers Number 4823, Headquarters, Americal Division, APO San Francisco, dated 18 May 1970, show that the applicant was awarded the Bronze Star Medal from January 1969 through June 1970 for meritorious service.

11.  A review of the applicant’s record indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

12.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that the applicant participated in three campaigns during his service in Vietnam.  This document shows that the applicant participated in the Vietnam Summer-Fall 1969, the Vietnam Winter-Spring 1970, and the DA Sanctuary Counteroffensive campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

13.  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 unit to which the applicant was assigned the 1st Battalion, 52nd Infantry, 198th Infantry Brigade, was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 24 August to 
31 December 1969 by Department of the Army General Orders Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to correction of his records to show award of the Purple Heart, the Bronze Star Medal, and the RVN Gallantry Cross with Palm Unit Citation.  

2.  General Orders Number 6427, shows that the applicant was awarded the Purple Heart, which is not shown on his separation document.  Therefore, his records should be corrected to show award of the Purple Heart for wounds received as a result of hostile actions on 12 July 1969.

3.  General Orders Number 6423, shows that the applicant was awarded the Bronze Star Medal, which is shown on his separation document.  Therefore, no correction is required to his records to show the already awarded Bronze Star Medal.

4.  Records show the applicant participated in three campaigns during his service in Vietnam.  Therefore, he is eligible for award of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

5.  General Orders show the 1st Battalion, 52nd Infantry, 198th Infantry Brigade Regiment was awarded the RVN 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.







BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__LDS __  ___CD __  ___QAS_  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented is sufficient to warrant a recommendation for partial relief.  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 for wounds received as a result of hostile action on 12 July 1969; the RVN Gallantry Cross with Palm Unit Citation, and three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the already awarded Bronze Star Medal.




	____Linda D. Simmons___
          		CHAIRPERSON





INDEX

CASE ID
AR20070008191
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/11/14
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT PARTIAL
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.

2.

3.

4.

5.

6.