IN THE CASE OF:	  

		BOARD DATE:	      6 January 2009

		DOCKET NUMBER:  AR20080009412 


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 award of the Purple Heart be added to his DD Form 214 (Report of Transfer or Discharge). 

2.  The applicant states, in effect, that his Purple Heart was omitted from his separation document and he would like to have this corrected.

3.  The applicant provides a copy of Headquarters, 5th Special Forces Group General Order Number 365.

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.  The applicant enlisted in the Regular Army on 25 July 1966, completed training, and was awarded the military occupational specialty 11B4S (Light Weapons Infantryman - Special Forces).

3.  Headquarters, 5th Special Forces Group (Airborne), 1st Special Forces, General Order Number 365, dated 24 February 1970, awarded the applicant the Purple Heart for wounds received on 8 December 1969.

4.  On 16 January 1970, the applicant was awarded the Bronze Star Medal with "V" Device for his actions on 8 December 1969.  The award citation notes that, despite being wounded while taking five enemy bunkers, the applicant continued to direct his company until the battalion commander directed he be returned to the rear.  

5.  On 18 February 1970, the applicant was authorized to accept and wear the Republic of Vietnam Gallantry Cross with Bronze Star for his personal actions on 17 September 1969.

6.  The applicant was released from active duty on 16 February 1970.  His DD Form 214 lists his awards as the Bronze Star Medal with "V" Device, the Army Commendation Medal with "V" Device, the Good Conduct Medal, the Armed Forces Expeditionary Medal, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Combat Infantryman Badge, the Parachutist Badge, the Vietnam Parachutist Badge, the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).  

7.  The applicant's DA Form 20 (Enlisted Qualification Record), Block 38 (Record of Assignments), shows service in Vietnam with Company A, 5th Special Forces Group from 28 March 1969 through 15 February 1970.

8.  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 5th Special Forces Group, 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. 

9.   Army Regulation 600-8-22 (Military Awards) authorizes 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.  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 three campaign periods the Tet 69 Counteroffensive, 23 February 1969 – 8 June 1969; the Vietnam Summer-Fall 1969, 9 June 1969 - 31 October 1969; and the Vietnam Winter-Spring 1970; 1 November 1969 - 30 April 1970.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was wounded in action on 8 December 1969 but the award was not authorized until 24 February 1970.  Because he had already been separated from active duty at the time of the orders were issued, this award was not recorded on his DD Form 214.  It is appropriate to correct the DD Form 214 to include this award.

2.  The Republic of Vietnam awarded the applicant the Republic of Vietnam Gallantry Cross with Bronze Star, a personal award.  The approval to accept and to wear this personal award does not appear to have been finalized until two days after his separation; therefore, this award was not recorded on his DD Form 214.  It is appropriate to correct the DD Form 214 to include this award.

3.  The applicant served in Vietnam during three campaign periods and is authorized to wear three bronze service stars on his Vietnam Service Medal.

4.  In addition to the awards listed on the DD Form 214, the applicant is also authorized to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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 that, in addition to the awards listed on his DD Form 214, the applicant is authorized the Purple Heart, the Republic of Vietnam Gallantry Cross with Bronze Star, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and to wear three bronze service stars on his Vietnam Service Medal.




      _______ _   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.


ABCMR Record of Proceedings (cont)                                         AR20080009412





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ABCMR Record of Proceedings (cont)                                         AR20080009412



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