RECORD OF PROCEEDINGS


	IN THE CASE OF:     


	BOARD DATE:	  15 January 2008
	DOCKET NUMBER:  AR20070011572 


	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:


Mr. Curtis L. Greenway

Chairperson

Mr. Joe R. Schroeder

Member

Mr. Qawiy 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 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.

2.  The applicant states that his DD Form 214 does not show this award.

3.  The applicant provides copies of his award orders and certificate for the Purple Heart.

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.  On 5 June 1968, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty 36C2O (Lineman).

3.  On 7 January 1969, the applicant was assigned for duty as a lineman with the 5th Battalion, 2nd Artillery Regiment, in the Republic of Vietnam.  On 8 January 1969, he was reassigned to Battery I, 29th Artillery Regiment.  He was returned to the United States on 6 January 1970.

4.  General Orders Number 320, 12th Evacuation Hospital, dated 26 November 1969, awarded the applicant the Purple Heart for wounds received in connection with military operations against a hostile force on 25 November 1969.

5.  On 7 January 1970, the applicant was released from active duty.  He had attained the rank of specialist four, pay grade E4 and had completed 1 year, 
7 months and 3 days of creditable active duty.

6.  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, Army Commendation Medal with "V" Device, Good Conduct Medal, Vietnam Service Medal, and the Vietnam Campaign Medal.  It does not show award of the Purple Heart or any marksmanship qualification badges. 

7.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.
 
8.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following four campaign periods: the Vietnam Counteroffensive, Phase VI; the Tet 69 Counteroffensive; the Vietnam Summer-Fall 1969; and the Vietnam Winter-Spring 1970.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 29th Artillery Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 60, dated 1969, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and in DAGO Number 51, dated 1971, for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

10.  Item 41, Awards and Decorations, of the applicant’s Enlisted Personnel Qualification Record (DA Form 20) shows that Special Orders Number 159, 2nd Training Brigade, Fort Gordon, Georgia, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. 

DISCUSSION AND CONCLUSIONS:

1.  General Orders show that the applicant was awarded the Purple Heart.  Therefore, his records should be corrected to show this award.

2.  Records show that the applicant was cited in special orders for award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore his records should be corrected to show this award.

3.  Records show that the applicant participated in four campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

4.  The applicant's unit was cited in general orders 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.  Therefore, his records should be corrected to show these foreign unit awards.   

BOARD VOTE:

___QS __  __JRS __  __CLG __  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, four bronze service stars to be affixed to his already-awarded Vietnam Service Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.





_      Curtis L. Greenway________
          CHAIRPERSON




INDEX

CASE ID
AR20070011572
SUFFIX

RECON

DATE BOARDED
20080115
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY
. . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.