IN THE CASE OF:
BOARD DATE: 23 OCTOBER 2008
DOCKET NUMBER: AR20080011596
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 proof that he was awarded the Purple Heart.
2. The applicant states that he was not furnished the award until he was discharged from the Army and it does not appear on his Report of Transfer or Discharge (DD Form 214). He states that the award of the Purple Heart was presented to him at Fort McPherson, Georgia.
3. The applicant provides in support of his application, a copy of 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 in Atlanta, Georgia, on 9 May 1967. He successfully completed his training as a light weapons infantryman. He was transferred to Vietnam on 27 January 1968 and he was assigned to Company B, 2nd Battalion, 7th Cavalry Regiment, 1st Cavalry Division.
3. While in Vietnam, the applicant participated in the following three campaigns: the Tet Counteroffensive Campaign, which extended from 30 January 1968 through 1 April 1968; the Vietnam Counteroffensive Campaign, Phase IV, which extended from 2 April 1968 through 30 June 1968; and the Vietnam Counteroffensive Campaign, Phase V, which extended from 1 July 1968 through 1 November 1968.
4. The applicants records show that he was hospitalized at the 106th General Hospital in Japan on 29 September 1968, due to a right ear condition.
5. On 6 October 1968, the applicant returned to the Continental United States and he was assigned to the United States Army Training Center, Fort Gordon, Georgia.
6. On 3 April 1969, the applicant was honorably released from active duty (REFRAD) and he was transferred to the United States Army Reserve Control Group (Annual Training) to complete his Reserve obligation. The DD Form 214 that he was furnished at the time of his REFRAD shows that he was awarded the Vietnam Service Medal, the National Defense Service Medal, the Republic of Vietnam Campaign Medal w/Device 1960, the Combat Infantryman Badge, the Air Medal, the Marksman Marksmanship Qualification Badge with Rifle Bar and one Overseas Service Bar.
7. On 22 July 1971, the Department of the Army, Office of the Adjutant General, notified the applicant that he was entitled to the award of the Purple Heart. Along with the notification, the applicant was furnished a copy of General Order Number 199, published by Headquarter, 24th Evacuation Hospital, dated 27 September 1968, which awarded him the Purple Heart and a copy of the certificate showing that he was awarded the Purple Heart. However, neither of these documents was included in his Official Military Personnel File.
8. 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. In this case, bronze service stars will be worn on the Vietnam Service Medal.
9. 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 the unit, to which the applicant was assigned, was cited for award of the Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 19 May 1969 by Department of the Army General Order (DAGO) Number 59, dated 1969.
DISCUSSION AND CONCLUSIONS:
1. The available records show that the applicant was awarded the Purple Heart in General Order 199 that was published by Headquarters, 24th Evacuation Hospital on 27 September 1968. Therefore, this award should be included on his DD Form 214.
2. His records also show that the unit to which he was assigned was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation in DAGO Number 59, dated 1969 and this award should also be included on his DD Form 214.
3. The applicants records show that he participated in three campaigns when he was in Vietnam. In accordance with the applicable regulation, he is entitled to three bronze service stars for inclusion on his Vietnam Service Medal.
4. In view of the foregoing, it would now be appropriate to correct the applicants records 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 amending his DD Form 214 to show that he was awarded the Purple Heart, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars for inclusion on his Vietnam Service Medal.
_______ _ XXX_____ ___
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) AR20080011596
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ABCMR Record of Proceedings (cont) AR20080011596
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