IN THE CASE OF:	  

		BOARD DATE:	  21 OCTOBER 2008

		DOCKET NUMBER:  AR20080010485 


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, in effect, correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect his award of the Purple Heart.   

2.  The applicant states, in effect, he was awarded the Purple Heart and it is not shown on his DD Form 214.  He also states, in effect, the addition of the Purple Heart to his DD Form 214 may make him eligible for better health care from the Department of Veterans Affairs (VA).  He further states, in effect, that he previously applied in 2007 and now has additional information from the VA Health Eligibility Center and from a Member of Congress.  

3.  In support of his application, the applicant provides copies of a letter from the VA Health Eligibility Center to a Member of Congress, his letter from the Member of Congress, and his letter from the VA Health Eligibility Center.  In his earlier application to the Board, the applicant provided a copy of his Purple Heart Certificate and 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 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’s military records show that he was inducted in the United States Army, in pay grade E-1, on 7 September 1966.  He completed basic and advanced training and was awarded military occupational specialty 13A, Cannoneer.  

3.  The applicant's records show that he served in the Republic of Vietnam from 9 February 1967 to 3 February 1968, with Battery B, 7th Battalion, 13th Artillery, for three campaigns.   

4.  The applicant's records contain Headquarters, I Field Force Vietnam Artillery General Orders Number 4, dated 4 October 1967, awarding him the Purple Heart, for wounds sustained as a result of hostile action, in the Republic of Vietnam, on 14 August 1967.  The applicant submitted a copy of the resulting certificate with his earlier application.

5.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 40 (Wounds), contains the entry:  “Fragment wound to back – 14 Aug 67.”  Item 41 (Awards and Decorations) does not show award of the Purple Heart.  

6.  The applicant was honorably released from active duty at the expiration of his term of service, in pay grade E-4, on 6 September 1968.  He was transferred to the United States Army Reserve Control Group (Annual Training).  

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant’s DD Form 214, lists the following awards:  the National Defense Service Medal; one overseas service bar; the Vietnam Service Medal, with one bronze service star; the Republic of Vietnam Campaign Medal, with Device 60; and the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar.  The Purple Heart is not listed.

8.  Army Regulation 600-8-22 (Military Awards) authorizes 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 campaign or service medal including the Vietnam Service Medal.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the applicant’s unit was cited for award of the Meritorious Unit Commendation, by Headquarters, Department of the Army General Orders Number 70, dated 1969; and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, by Headquarters, Department of the Army General Orders Number 54, dated 1974, at the time he was a member of the unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his award of the Purple Heart.  The evidence of record confirms he was awarded the Purple Heart for wounds sustained as a result of hostile action on 14 August 1967.  This award is not shown on his DD Form 214; therefore, it would be appropriate to correct his records to add the already-awarded Purple Heart to his DD Form 214.

2.  The evidence of record further shows the applicant participated in three campaigns during his service in the Republic of Vietnam.  He is therefore entitled to two additional bronze service stars, for a total of three bronze service stars, to be affixed to his already-awarded Vietnam Service Medal.  

3.  General orders entitled the applicant’s unit to award of the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, during his tenure of assignment in Vietnam.  These unit awards are not shown on his DD Form 214.  He is therefore also entitled to have his DD Form 214 corrected to show these unit awards.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

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 already-awarded Purple Heart, for wounds he sustained as a result of hostile action in the Republic of Vietnam on 14 August 1967; by awarding the applicant two additional bronze service stars, for a total of three, to be affixed to his already-awarded Vietnam Service Medal; by awarding him the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; by including these awards to the list of awards shown on his DD Form 214, dated 6 September 1968; and by providing him a corrected separation document.




      _______ _ 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)                                         AR20080010485



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ABCMR Record of Proceedings (cont)                                         AR20080010485


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