RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 24 April 2008
DOCKET NUMBER: AR20070016021
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.
Director
Analyst
The following members, a quorum, were present:
M
Chairperson
M
Member
M
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 his records be corrected to show award of the Purple Heart.
2. The applicant states he was wounded in Vietnam and has the General Orders that awarded him the Purple Heart.
3. The applicant provides:
a. General Orders Number 1351, Headquarters, 1st Aviation Brigade, dated 12 March 1968, awarding the applicant the Purple heart for wounds received on 31 January 1968.
b. A copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
c. Copies of his Florida Driver License and Department of Veterans Affairs (DVA) ID card indicating he received a Purple Heart.
d. A self-authored 24 October 2007 letter.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant served in the Regular Army from 16 March 1966 through 14 March 1969 as a UH-1 helicopter repairman, military occupational specialty (MOS) 67N. He served in Vietnam from April 1967 to April 1968 with the 117th Aviation (later Assault Helicopter) Company, 10th Combat Aviation Battalion.
3. Upon separation from active duty, his DD Form 214 shows he was awarded the Air Medal, Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with 3 bronze service stars, Vietnam Campaign Medal with 1960 Device, Aircraft Crewman Badge, and 1 Overseas Service Bar.
4. On 1 November 1988, the Army Board for Correction of Military Records (ABCMR) issued the applicant a DD Form 215 (Correction to DD Form 214) adding the Purple Heart to his DD Form 214. A copy will be provided the applicant.
5. The applicant is entitled to other awards which do not appear on his DD Form 214.
6. During his tenure with the 117th Aviation Company, the unit was awarded the Meritorious Unit Commendation for the period 5 September 1966 through 31 May 1967 by Department of the Army General Orders (DAGO) 17, dated 1968. The unit was also awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 22 February 1967 through 17 May 1968 by DAGO 21, dated 1969.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to have the Purple Heart added to his records was accomplished by the ABCMR in 1988. No further action is required.
2. Evidence shows that the applicants records contain administrative error which does not require action by the Board. Therefore, administrative correction of the applicants records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__js____ __wdp___ __lcb___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
2. The Board determined that administrative error in the records of the individual should be corrected. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show he was awarded the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
JS
______________________
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20070016021
4
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA 22202-4508
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