RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  21 February 2008
	DOCKET NUMBER:  AR20070013160 


	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.


x
	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, correction of the service number on his Purple Heart award order.

2.  The applicant states, in effect, that the service number shown on his Purple Heart award order is incorrect.  He did not note this at the time of his release from active duty.

3.  In support of his request, the applicant submits a copy of the following documents under cover of a letter of transmittal prepared by the North Carolina Department of Administration:  a copy of his DD Form 214, Armed Forces of the United States, Report of Transfer or Discharge; a copy of General Orders Number 448, dated 27 March 1967, which awarded him the Purple Heart; and a copy of his Honorable Discharge 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 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 29 November 1965.  He completed basic combat training at Fort Hood, Texas, and his advanced individual training at Fort Lewis, Washington.  After completing all required training, he was awarded the military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).

3.  Item 2 (Service Number), of the applicant's DD Form 47, Record of Induction, shows he was given the service number US ** *** 386 on his induction.

4.  The applicant served in Vietnam from 21 July 1966 through 21 April 1967, with Company A, 1st Battalion, 22nd Infantry Regiment, 4th Infantry Division.

5.  The applicant was honorably released from active duty, on 28 November 1967, under the provisions of Army Regulation (AR) 635-200, at the expiration of his term of service.  He was separated in the rank and pay grade of Sergeant, E-5.  On the date he was released from active duty, he had completed 2 years active military service, with no time lost.

6.  Item 2 (Service Number), of the applicant's DD Form 214, shows the service number US ** *** 386.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214, shows he was awarded the following:  the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Combat Infantryman Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar [M-14 Rifle].  The Purple Heart is not shown on the applicant's DD Form 214.

8.  There is an entry in Item 40 (Wounds), of the applicant's DA Form 20, Enlisted Qualification Record, to show he received a fragmentation wound to the left eye (sic) on 15 March 1967 (sic).

9.  There is no entry in Item 41 (Awards and Decorations), of the applicant's DA Form 20, showing he was awarded the Purple Heart.

10.  Casualty documents (i.e., a Western Union telefax addressed to his parents in Painesville, Ohio, and a “For Official Use Only Friar Report, Report Number 3304” are on file in the applicant's service personnel record and shows he received a fragmentation wound to the left leg while engaged in a firefight with the enemy on 14 March 1967 at 1100 hours. 

11.  The applicant submitted a copy of General Orders Number 448, published by Headquarters, 4th Infantry Division, on 27 March 1967, which awards him the Purple Heart for a wound he sustained on 14 March 1967.  Originals of these general orders are on file in the applicant's service personnel record.  The applicant's service number shown on the Purple Heart award orders is US*****018.

12.  The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the bronze service star to which the applicant is entitled for his campaign participation.

13.  While in Vietnam, the applicant participated in the following campaign of the Vietnam War:  the Vietnam Counteroffensive, Phase II, which extended from 1 July 1966 through 31 May 1967. 

14.  AR 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in its Appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal.

15.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, which lists unit awards received by units serving in Vietnam, shows that the unit the applicant was assigned to, Company A, 1st Battalion, 22nd Infantry Regiment, was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 1 August 1965 through 16 April 1971, by Department of the Army General Order (DAGO) Number 54, dated 1974; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, for the period 1 October 1966 through 31 October 1969, by DAGO 53, dated 1970.  These unit awards are not shown on the applicant's DD Form 214.

16.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S. and foreign unit awards.  This regulation states that a Soldier may wear the unit award permanently if the individual was assigned to, and present for duty with the unit any time during the period cited; or was attached by competent orders to, and present for duty with the unit during the entire period, or for at least thirty consecutive days of the period cited.

17.  AR 670-1, in effect at the time, governed the requirements for the overseas service bar.  In pertinent part, it provided that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States.  One overseas service bar is authorized for each six-month period served in the Republic of Vietnam.  To calculate the entitlement, both the month of arrival and month of departure are counted as a whole month no matter the number of days in that month that were spent in the hostile fire zone.

DISCUSSION AND CONCLUSIONS:

1.  The applicant entered the Army, served, and was released from active duty with the service number US ** *** 386.  The service number shown on the 

general orders by which he was awarded the Purple Heart, US***** 018, is incorrect.  The applicant is entitled to a correction to the service number shown on these general orders to reflect his correct service number.

2.  In processing this case, it was noted the Purple Heart was omitted from among the applicant's authorized awards and decorations on his DD Form 214.  He is entitled to have this award added to his DD Form 214.

3.  The applicant served in one campaign while he served in Vietnam.  He is therefore entitled to award of one bronze service star to be worn on his already-awarded Vietnam Service Medal to denote his campaign participation and to have this bronze service star shown on his DD Form 214.

4.  The applicant served in a unit at the time it was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  He is therefore entitled to these unit awards and to have them added to his DD Form 214.

5.  The applicant served in Vietnam from July 1966 through April 1967.  He is therefore entitled to award of one overseas service bar and to have this bar added to his DD Form 214

BOARD VOTE:

___x  __x___  ___x_  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:

	a.  amending General Orders Number 448, dated 27 March 1967 to correct the applicant's service number;

	b.  adding the already-awarded Purple Heart to the applicant's DD Form 214; 

	c.  awarding the applicant the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and adding these unit awards to his DD Form 214; and

	d.  awarding the applicant one overseas service bar and adding this overseas service bar to his DD Form 214.




	______x_____
          		CHAIRPERSON



INDEX

CASE ID
AR2007013160
SUFFIX

RECON

DATE BOARDED

TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.
107.0015
3.

4.

5.

6.