RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  12 February 2008
	DOCKET NUMBER:  AR20070014617 


	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:


Ms. Kathleen A. Newman

Chairperson

Mr. Jose A. Martinez

Member

Ms. Susan A. Powers

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 the Bronze Star Medal and the Purple Heart be included on his Report of Transfer or Discharge (DD Form 214).

2.  The applicant states, in effect, that he was awarded the Bronze Star Medal and the Purple Heart and both are missing from his DD Form 214.

3.  The applicant provides in support of his application, a copy of his DD Form 214; a copy of a certificate showing that he was awarded the Purple Heart; and a copy of the citation awarding him the Bronze Star Medal.

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 3 September 1968, the applicant was inducted into the Army in Los Angeles, California.  

3.  The available records show that while he was in training he qualified for the Expert Marksmanship Qualification Badge with Grenade Bar, the Marksman Marksmanship Qualification Badge (Rifle M-14 and Rifle M-16), and the First Class Gunner (now known as the Sharpshooter) Marksmanship Qualification Badge with Machine Gun (M-60).  He went on to successfully complete his training as an infantryman and he was transferred to Vietnam on 26 February 1969.

4.  While in Vietnam, the applicant participated in the Tet 69 Counteroffensive campaign, which extended from 23 February through 8 June 1969.



5.  In a Western Union Telegram, dated 11 May 1969, the applicant's mother was notified that he had been wounded in action on 10 May 1969, by fragments from a booby trap while he was on a combat operation.  The telegram shows that the applicant received multiple wounds to both of his legs, his left foot, his right hand, and surgical amputation of his right leg below the knee.  He was hospitalized at the 249th General Hospital at Camp Drake Japan.

6.  The certificate that the applicant submitted in support of his application shows that he was awarded the Purple Heart on 11 May 1969, for wounds he received in action on 10 May 1969.  However, a review of the available records fails to show the orders awarding him the Purple Heart.

7.  General Orders Number 7015 was published on 20 May 1969, awarding the applicant the Bronze Star Medal for meritorious service in connection with military operations against a hostile force, for the period covering February 1969 through May 1969.

8.  The applicant was transferred to Letterman General Hospital in San Francisco, California on 21 May 1969.

9.  On 6 November 1969, the applicant was retired by reason of physical disability (permanent).  The DD Form 214 that he was furnished at the time of his retirement shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Combat Infantryman Badge, and the Republic of Vietnam Campaign Medal.  However, Bronze Star Medal, the Purple Heart, the Expert Marksmanship Qualification Badge with Grenade Bar, the Marksman Marksmanship Qualification Badge (Rifle M-14 and Rifle M-16), and the First Class Gunner (now known as the Sharpshooter Marksmanship Qualification Badge) with Machine Gun (M-60) were erroneously omitted from his DD Form 214.

10.  A review of the Vietnam Casualty Listing shows that the applicant was wounded on 10 May 1969, while he was in Vietnam.

11.  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 (DAGO) Number 8, dated 1974, and the Republic of Vietnam Civil Actions Honor Medal, First Class, based on DAGO Number 51, dated 1971.


12.  Army Regulation 600-8-22 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, in this case, the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  There were errors made during the preparation of the applicant's DD Form 214, which resulted in the omission of several of his awards.

2.  The evidence of record clearly shows the applicant was awarded the Bronze Star Medal and the Purple Heart after he was wounded in action on 10 May 1969.  Although the orders awarding him the Purple Heart are not available for review at this time, it is reasonable to presume that orders were published awarding him the Purple Heart.  Therefore, it is only appropriate to include these awards on his DD Form 214.

3.  The applicant was also awarded the Expert Marksmanship Qualification Badge with Grenade Bar, the Marksman Marksmanship Qualification Badge (Rifle M-14 and Rifle M-16), and the First Class Gunner (now known as the Sharpshooter Marksmanship Qualification Badge) with Machine Gun (M-60).  He earned these awards and, as a result, his DD Form 214 should be amended to include them therein.

4.  The applicant is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on DAGO Number 8 dated, 1974; the Republic of Vietnam Civil Actions Honor Medal, First Class, based on DAGO Number 51, dated 1971; and one Bronze Service Star for inclusion on his Vietnam Service Medal.

5.  In view of the foregoing, it would now be appropriate to correct the applicant's records as recommended below.

BOARD VOTE:

__KAN__  __JAM__  __SAP__  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 Bronze Star Medal, the Purple Heart, the Expert Marksmanship Qualification Badge with Grenade Bar, the Marksman Marksmanship Qualification Badge (Rifle M-14 and Rifle 
M-16), the First Class Gunner (now known as the Sharpshooter Marksmanship Qualification Badge) with Machine Gun (M-60), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal, First Class, and one Bronze Service Star for inclusion on his Vietnam Service Medal.




____Kathleen A. Newman____
          CHAIRPERSON




INDEX

CASE ID
AR20070014617
SUFFIX

RECON

DATE BOARDED
20080212
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.