IN THE CASE OF:
BOARD DATE: 2 October 2008
DOCKET NUMBER: AR20080008920
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 award of the Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states that the Purple Heart is not listed on his DD Form 214.
3. The applicant provides a copy of an award certificate for the Purple Heart and his DD Form 214.
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 was inducted into the Army of the United States on 3 June 1966. At the completion of basic combat training and advanced individual training, he was awarded military occupational specialty 05C (radio teletype operator). He was assigned to Vietnam on 1 December 1966 with Headquarters and Headquarters Company, 1st Battalion, 18th Infantry, 1st Infantry Division. His highest rank held was specialist four, E-4.
3. Headquarters, 1st Infantry Division General Orders Number 2387, dated 14 April 1967, awarded the applicant the Purple Heart for wounds received in action on 11 April 1967 in the Republic of Vietnam.
4. The applicant departed Vietnam on 29 November 1967 and was credited with participation in the Vietnam Counteroffensive Phase II Campaign and the Vietnam Counteroffensive Phase III Campaign.
5. The applicant was released from active duty on 3 June 1968. He completed 2 years of active military service.
6. His DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Combat Infantryman Badge, the Bronze Star Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar as authorized awards.
7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that, at the time of the applicants assignment to the 1st Battalion, 18th Infantry, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 21, dated 1969.
8. Department of the Army Pamphlet 672-3 shows that, at the time of the applicants assignment to the 1st Battalion, 18th Infantry, this unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 53, dated 1970.
9. Army Regulation 600-8-22 (Military Awards), in pertinent part, 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.
DISCUSSION AND CONCLUSIONS:
1. General orders show the applicant was awarded the Purple Heart for wounds received in action on 11 April 1967. Therefore, this decoration should be added to his DD Form 214.
2. The applicant was assigned to a unit during a period it was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, these awards should be added to his DD Form 214.
3. The applicants DD Form 214 currently reflects the Vietnam Service Medal. However, he received credit for participation in two campaigns during the Vietnam War. Therefore, his DD Form 214 should be amended to reflect two bronze service stars for wear on his Vietnam Service Medal.
BOARD VOTE:
___XX_____ ___XX_____ ____XX____ 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:
a. adding the Purple Heart, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214; and
b. amending his DD Form 214 to show he is authorized two bronze service stars for wear on his already-awarded Vietnam Service Medal.
______XXXX_ _ _______ ___
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.
ABCMR Record of Proceedings (cont) AR20080008920
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ABCMR Record of Proceedings (cont) AR20080008920
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