RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 21 February 2008
DOCKET NUMBER: AR20070011466
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. Michael L. Engle
Analyst
The following members, a quorum, were present:
Ms. Margaret K. Patterson
Chairperson
Ms. Sherri V. Ward
Member
Mr. Jeffrey C. Redmann
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 Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Purple Heart.
2. The applicant states that he was awarded the Purple Heart and received the medal and certificate but it was never entered on his DD Form 214.
3. The applicant provides copies of his DD Form 214 and Purple Heart certificate.
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 applicants 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 applicants 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 military records are not available for review. However, there are sufficient documents available to conduct a fair and impartial review of this specific request.
3. On 7 September 1966, the applicant was inducted into the Army of the United States for 2 years. He was awarded military occupational specialty 11B4O (Light Weapons Infantryman).
4. Item 22c (Foreign and Sea Service) of the applicants DD Form 214 indicates that he served overseas for 1 year in the Pacific Theater.
5. The Vietnam Casualty Roster shows that the applicant was very seriously wounded as a result of enemy action on 3 February 1968, in the Republic of Vietnam.
6. The Purple Heart Award Certificate provided by the applicant indicates that he was wounded in action on 3 February 1968, in the Republic of Vietnam.
7. On 6 September 1968, the applicant was released from active duty. He had attained the rank of sergeant, pay grade E-5 and had completed 2 years of creditable active duty.
8. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, lists his awards as the National Defense Service Medal, Combat Infantryman Badge, Vietnam Service Medal with three bronze service stars, Vietnam Campaign Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. It does not show award of the Purple Heart.
9. The Awards and Decorations Computer Assisted Retrieval System (ADCARS) does not list orders awarding the applicant the Purple Heart.
10. Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.
DISCUSSION AND CONCLUSIONS:
1. There are no available general orders that show the applicant was awarded the Purple Heart. However, the applicant's name is listed on the Vietnam Casualty Roster, and he has provided a copy of his Purple Heart award certificate that is in agreement with the entry on the Vietnam Casualty Roster. Therefore, the applicant's request to correct his records to show award of the Purple Heart should be granted.
2. Records show that the applicant served during a qualifying period for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, his records should be corrected to show this award.
BOARD VOTE:
__ MKP___ __SVW__ _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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Purple Heart and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
_ Margaret K. Patterson _
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.
ARMY | BCMR | CY2007 | 20070013650
The applicant requests correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Purple Heart for wounds received in the Republic of Vietnam. Army Regulation 672-5-1, in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed a qualified period of active duty enlisted service. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2005 | 20050017719C070206
The applicant's records show that he was awarded the Vietnam Service Medal. Therefore, he is entitled to correction of his record to show this award. 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 sustained on 20 July 1950 while he was in Korea, award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and award of one silver service star to be affixed to his...
ARMY | BCMR | CY2004 | 20040001708C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 8 February 2005 DOCKET NUMBER: AR20040001708 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. Powers | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. There are no orders in the applicant's records that show he was awarded the Purple Heart.
ARMY | BCMR | CY2001 | 2001052918C070420
The Board noted that the applicant’s DD Form 214 does not show any unit awards. The applicant was wounded as a result of hostile action in Vietnam on 20 January 1968; therefore, he is entitled to award of the Purple Heart and correction of his records to show this award. That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Purple Heart for wounds sustained in Vietnam on 20 January 1968 and was awarded the...
ARMY | BCMR | CY2004 | 20040010206C070208
The applicant requests correction of his records to show award of the Purple Heart. Item 21 (Awards and Decorations) of the applicant's DA Form 66 (Officer Qualification Record) does not show award of the Purple Heart. Evidence shows that the applicant’s records contain administrative errors which do not require action by the Board.
ARMY | BCMR | CY2003 | 2003088113C070403
APPLICANT REQUESTS: The applicant requests award of the Purple Heart as a result of wounds sustained in combat in the Republic of Vietnam (RVN). The Board noted the absence of any unit awards in the applicant’s service records. This document shows the unit to which the applicant was assigned, was cited for award of the Presidential Unit Citation for actions on 16 March 1966 by Department of the Army General Orders Number 40, dated 1967; the Meritorious Unit Commendation for actions during...
ARMY | BCMR | CY2003 | 2003089404C070212
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show awards of the “Purple Heart with Gold Oak Leaf Cluster, the Bronze Star Medal, the Army Commendation Medal, the Republic of Vietnam Gallantry Cross w/Palm Unit Citation, and the Vietnam Campaign Medal w/Device.” 2. The applicant’s military records show that he is entitled award of the Vietnam Campaign Medal. Evidence shows that the applicant’s records contain...
ARMY | BCMR | CY2002 | 2002073718C070403
There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart. There also is no evidence in his records that he was recommended for award of the Army Commendation Medal. There is no evidence of record which shows the applicant was awarded or recommended for the Army Commendation Medal.
ARMY | BCMR | CY2006 | 20060010897C071029
The applicant requests that the Bronze Star Medal and the Purple Heart be included on his Report of Transfer or Discharge (DD Form 214). Although there are no orders in his records indicating that he was awarded the Purple Heart, his DD Form 1380 and the Vietnam Casualty Roster both indicate that he was wounded on 21 September 1970 as a result of enemy action. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing his...
ARMY | BCMR | CY2005 | 20050016077C070206
The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), Bronze Star Medal orders and citation, and the Purple Heart Certificate. The evidence also shows that the applicant participated in five campaigns during his service in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected as follows: a. by showing he was awarded the Purple Heart for wounds sustained...