RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  28 February 2008
	DOCKET NUMBER:  AR20070013202 


	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. Deyon D. Battle

Analyst


The following members, a quorum, were present:


Mr. Richard T. Dunbar

Chairperson

Ms. Marla J. N. Troup

Member

Mr. David R. Gallagher

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 Report of Transfer or Discharge (DD Form 214) be corrected to show that he was awarded the Purple Heart.

2.  The applicant states that he was injured while he was serving in the Republic of Vietnam on a routine patrol.  He states that he was injured due to a bomb blast which was sustained to his chest, abdomen, legs, shoulders, face and numerous areas on his body.  He states that he was presented with the Purple Heart Medal shortly after leaving the service.  He states that he never received his certificate and it was not included on his DD Form 214.

3.  The applicant provides in support of his application, a copy of his DD Form 214; a copy of a Veterans Administration (VA) claim for compensation; a copy of a VA statement regarding the appeal of his case; a copy of a certificate, which shows that the was awarded the Army Commendation Medal; a copy of the citation awarding him the Army Commendation Medal; a copy of his physical profile dated 12 July 1971; and a letter addressed to the VA dated 29 August 2007. 

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 November 1969, the applicant was inducted into the Army in New Orleans, Louisiana.  He successfully completed his training as a light weapons infantryman.  He was transferred to Germany on 27 March 1970.

3.  He was promoted to the pay grade of E-2 on 5 March 1970; he was promoted to the pay grade of E-3 on 5 May 1970; and he was promoted to the pay grade of E-4 on 24 October 1970.  

4.  The applicant was transferred to Vietnam on 18 March 1971.  While in Vietnam, the applicant participated in the Vietnam Counteroffensive, Phase VII campaign, which extended from 1 July 1970 through 30 June 1971; and the Consolidation I campaign, which extended from 1 July through 30 November 1971.

5.  General Orders Number 134 was published on 3 June 1971, awarding the applicant the Purple Heart for wounds received in action on 28 May 1971, while in the Republic of Vietnam.

6.  General Orders Number 7103 was published on 24 June 1971, awarding the applicant the Army Commendation Medal for meritorious achievement in connection with military operations against a hostile force for the period covering 1 March 1971 through 1 May 1971.

7.  The applicant returned to the Continental United States on 7 July 1971.

8.  The applicant was honorably released from active duty on 23 September 1971.  The DD Form 214 that he was furnished shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Combat Infantryman Badge, the Expert Marksmanship Qualification Badge (Rifle M-14), and the Sharpshooter Marksmanship Qualification Badge (Rifle M-16).  However, the Purple Heart and the Army Commendation Medal failed to be included on his DD Form 214.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974. 

10.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized Bronze Service Stars will be worn on the appropriate service medal.

11.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time, governs the requirements for the Overseas Service Bar.  In pertinent part, it provides 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 for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions 
regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one Overseas Service Bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the Overseas Service Bar.

DISCUSSION AND CONCLUSIONS:

1.  It appears that there were errors made during the preparation of the applicant’s DD Form 214, which resulted in the omission of the Army Commendation Medal and the Purple Heart.

2.  The available records show that General Orders Number 134 was published on 3 June 1971, awarding him the Purple Heart for wounds received in action on 28 May 1971, while in the Republic of Vietnam.  Therefore, this award should be included on his DD Form 214.

3.  General Orders Number 7103 was published on 24 June 1971, awarding the applicant the Army Commendation Medal for meritorious achievement in connection with military operations against a hostile force for the period covering 1 March 1971 through 1 May 1971.  This award should also be included on his DD Form 214.

4.  The applicant is also entitled two Bronze Service Stars, to reflect his Vietnam campaign participation; two Overseas Service Bars, to reflect his overseas service; and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on DAGO Number 8.

5.  Therefore, it would now be in the interest of justice to correct the applicant's records to include the awards to which he is entitled.

BOARD VOTE:

__RTD__  __DRG__  __MJNT__  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 
amending his DD Form 214 to show that he was awarded the Purple Heart, the Army Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, two Bronze Service Stars for inclusion on his Vietnam Service Medal, and two Overseas Service Bars.




____Richard T. Dunbar____
          CHAIRPERSON




INDEX

CASE ID
AR20070013202
SUFFIX

RECON

DATE BOARDED
20080228
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT PLUS
REVIEW AUTHORITY

ISSUES         1.  189
110.0000/SEPARATION DOCUMENT
2.  1
110.0400/ADD APPROVED AWARDS
3.

4.

5.

6.