RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 April 2008
	DOCKET NUMBER:  AR20070017928 


	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:




Chairperson



Member



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 and that he was promoted to the rank of sergeant (E-5).

2.  The applicant states that he does not know why the Purple Heart was left off of his list of medals; however, he needs the award on his record for health reasons.  He states, in effect, that he was promoted to the rank of sergeant (E-5) just before his release from active duty (REFRAD) and maybe the paperwork was delayed which would explain why his DD Form 214 shows that he was REFRAD in the rank of corporal (E-4).

3.  The applicant provides in support of his application, a copy of his DD Form 214; a picture of his service uniform; a picture of a certificate which shows that he was awarded the Purple Heart; a copy of a letter from the National Personnel Records Center, addressed to him, dated 22 June 2006; and a copy of a self-authored letter addressed to the Human Resources Command – Alexandria, VA, dated 25 September 2006.

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 15 February 1966, the applicant enlisted in the Regular Army in Los Angeles, California, for 4 years, in the pay grade of E-1.  He successfully completed his training as a cannoneer.  He was promoted to the pay grade of 
E-2 on 15 June 1966; and he was promoted to the pay grade of E-3 on 24 August 1966.



3.  The applicant was transferred to the Republic of Vietnam on 27 July 1966; and he was promoted to the pay grade of E-4 on 1 January 1967.  While in Vietnam, the applicant participated in the Vietnam Counteroffensive, Phase II Campaign, which extended from 1 July 1966 through 31 May 1967; and the Vietnam Counteroffensive, Phase III Campaign, which extended from 1 June 1967 through 29 January 1968.

4.  The applicant's Chronological Record of Medical Care shows that he was hospitalized on 15 March 1967 for observation after sustaining a cerebral concussion from a mortar round that exploded near his location.  His record shows that his injury resulted in a high frequency hearing loss.  The attending physician determined that there was no neurologic deficit and he recommended that the applicant be returned to his unit, but kept on light duty.

5.  The picture of the certificate that the applicant submitted in support of his application shows that he was awarded the Purple Heart on 14 March 1967, for wounds he received in action on 14 March 1967.  However, a review of the available records fails to show the orders awarding him the Purple Heart.

6.  The applicant departed Vietnam on 26 July 1967 and he returned to the Continental United States.  He was assigned to Fort Bragg, North Carolina, on 20 September on 1967.  

7.  On 15 November 1969 and was REFRAD, due to early separation for seasonal occupation.  The DD Form 214 that he was furnished at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross w/Palm Unit Citation, the Expert Marksmanship Qualification Badge, and two Overseas Service Bars.  His DD Form 214 also shows that he was REFRAD in the pay grade of E-4.  However, the Purple Heart was not included on his DD Form 214.

8.  A review of the Vietnam Casualty Roster shows that the applicant was wounded on 14 March 1967, while he was in Vietnam.  However, the available records do not show that he was ever promoted to the pay grade of E-5 prior to his REFRAD.

9.  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.  The evidence of record shows the applicant was awarded the Purple Heart after he was wounded in action on 14 March 1967.  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 would be appropriate to include this award on his DD Form 214.

2.  According to Army Regulation 600-8-22, he is authorized a Bronze Service Star, based on qualifying service, for each campaign listed in Appendix B of this regulation.  His records show that he participated in two campaigns while he was in Vietnam; therefore, he is authorized two Bronze Service Stars for inclusion on his Vietnam Service Medal.

3.  However, there is no evidence in the available records, nor has the applicant submitted any evidence to support his contention that he was promoted to the pay grade of E-5 prior to his REFRAD.  Therefore, his DD Form 214 cannot be corrected to reflect this information.

4.  In view of the foregoing, it would now be in the interest of justice to correct the applicant's records as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__PHM __  __KSJ__  __JGH__   GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 as awarded the Purple Heart and awarding him two Bronze Service Stars for inclusion in his Vietnam Service Medal.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting his DD Form 214 to show that he was REFRAD on the Grade, Rate or Rank of sergeant (E-5).




      ___        PHM                ___
                CHAIRPERSON

ABCMR Record of Proceedings (cont)                                         AR20070017928



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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