RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  7 February 2008
	DOCKET NUMBER:  AR20070013340 


	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. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. William D. Powers

Chairperson

Ms. Rose M. Lys

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 award of the Purple Heart.

2.  The applicant states that he sustained injuries on 18 May 1967 in the Republic of Vietnam. 

3.  The applicant provided the following additional documentary evidence in support of his application:  

	a.  DD Form 2860 [Application for Combat-Related Special Compensation (CRSC)], dated 10 September 2005.

	b.  Memorandum, dated 7 October 2005, U.S. Army Physical Disability Agency, Combat-Related Special Compensation (CRSC), Alexandria, Virginia.

	c.  DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 30 November 1981.

	d.  VA Form 21-6796 (Rating Decision), dated 19 April 1996.

	e.  Certificate, dated 2 October 1967, Award of the Combat Infantryman Badge.

	f.  DA Form 8-275-2 (Clinical Record Cover Sheet), dated 5 July 1967.   

	g.  Standard Form 516 (Clinical Record-Operation Report), dated 23 May 1967.

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 enlisted in the Regular Army on 5 February 1960 and subsequently executed a series of extensions and/or reenlistments.  He held military occupational specialty (MOS) 11B (Light Weapons Infantryman) throughout his military career and attained the grade of master sergeant (MSG)/E-8 prior to being placed on the retired list on
1 December 1981. 

3.  The applicant’s record shows he served in the Republic of Vietnam during the period 26 March 1967 through 25 March 1968.  He was assigned to Company B, 2nd Battalion, 502nd Infantry, 101st Airborne Division (Air Assault). 

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, two Overseas Service Bars, the Combat Infantryman Badge, the Bronze Star Medal, the Jump Master Badge, the Army Commendation Medal, the U.S. Army Recruiter Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Army Service Ribbon, the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), the Good Conduct Medal (7th Award), the Meritorious Service Medal (3rd Award), the Overseas Service Ribbon (4th Award), and the Noncommissioned Officer Professional Development Ribbon with Numeral 2.  Item 13 does not show award of the Purple Heart.

5.  Headquarters, 85th Evacuation Hospital, General Orders Number 96, dated 22 May 1967 show that the applicant was awarded the Purple Heart for wounds received in action on 18 May 1967 in the Republic of Vietnam.

6.  Review of the applicant's record indicates entitlement to additional awards that are not shown on his DD Form 214.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) show that the 2nd Battalion, 502nd Infantry was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, during the period 18 March 1968 to 2 May 1970, based on Department of the Army General Orders 48, dated 1971.

8.  Item 13 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.


9.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that the applicant participated in the Vietnam Counteroffensive Phase II, the Vietnam Counteroffensive Phase III, and the Tet Counteroffensive campaigns during his tour of duty in Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart. 

2.  General Orders show that the applicant was awarded the Purple Heart for wounds sustained on 18 May 1967 in the Republic of Vietnam, which is not shown on his records.  Therefore, he is entitled to have his records corrected to show this award.

3.  General Orders show that the applicant’s unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which is not shown on his records. Therefore, he is entitled to have his records corrected to show this award.

4.  Evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, evidence of record shows the applicant participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of three bronze service stars to be affixed to the Vietnam Service Medal.

BOARD VOTE:

__wdp___  __rml___  __qas___  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 award of the Purple Heart, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.



							William D. Powers
	______________________
          		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.