IN THE CASE OF:
BOARD DATE: 21 August 2008
DOCKET NUMBER: AR20080007296
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his records be corrected to show his award of the Purple Heart.
2. The applicant states he was awarded the Purple Heart but it was omitted from his DD Form 214 (Report of Transfer or Discharge).
3. The applicant provides a copy of his Purple Heart award certificate.
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 entered active duty on 3 December 1968, completed training, and was awarded the military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. The applicant served in Vietnam with Company B, 2nd Battalion, 2nd Infantry Regiment from 3 June 1969 through 29 August 1970.
4. Headquarters, 1st Infantry Division General Orders Number 11118, dated 22 September 1969, awarded the applicant the Purple Heart for wounds received on 18 September 1969.
5. On 15 October 1970, the applicant was separated with a general discharge.
6. His DD Form 214 lists his awards as: the Army Commendation Medal, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with "1960" Device, the Combat Infantryman Badge, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar.
7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows that, while the applicant was assigned to the 2nd Battalion, 2nd Infantry Regiment, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.
8. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards. In pertinent part it states that a bronze service star, based on qualifying service, for each designated campaign period listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal. A silver service star is authorized in lieu of five bronze service stars. The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal. Based on the applicant's dates of service in Vietnam, Appendix B indicates he served during the following five campaign periods: the Tet 69 Counteroffensive, 23 February 1969 8 June 1969; the Vietnam Summer-Fall 1969, 9 June 1969 31 October 1969; the Vietnam Winter-Spring 1970; 1 November 1969 - 30 April 1970; the DA Sanctuary Counteroffensive 1 May 1970 - 30 June 1970; and the Counteroffensive Phase VII, 1 July 1970 - 30 June 1971.
DISCUSSION AND CONCLUSIONS:
1. The applicant's record contains orders awarding the applicant the Purple Heart for wounds received on 18 September 1969. It is appropriate to correct the applicant's DD Form 214 to reflect this award.
2. The applicant served in Vietnam during five campaign periods. As such he is entitled to wear a silver service star on his Vietnam Service Medal.
3. In addition to the awards listed above, the applicant is also authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.
4. Therefore, it is appropriate to correct the records to show the applicant's awards as: the Army Commendation Medal, the Purple Heart, the National Defense Service Medal, the Vietnam Service Medal with one silver service star, the Republic of Vietnam Campaign Medal with "1960" Device, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Combat Infantryman Badge, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar.
BOARD VOTE:
____X___ ___X___ ___X____ 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 the applicant's awards as: the Army Commendation Medal, the Purple Heart, the National Defense Service Medal, the Vietnam Service Medal with one silver service star, the Republic of Vietnam Campaign Medal with "1960" Device, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Combat Infantryman Badge, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar.
_______ _ X_______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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