IN THE CASE OF:
BOARD DATE: 18 SEPTEMBER 2008
DOCKET NUMBER: AR20080012630
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 the awards of the Purple Heart and the Army Commendation Medal be included on his Report of Transfer or Discharge
(DD Form 214).
2. The applicant states that the Purple Heart and the Army Commendation Medal affects his Department of Veterans Affairs rating for health care benefits.
3. The applicant provides in support of his application, a copy of his DD Form 214; a copy of General Orders Number 3662, dated 4 July 1968; and a copy of General Orders Number 6034, dated 18 August 1968.
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 in Houston, Texas, on 12 September 1966 and he successfully completed his training as a medical specialist. He was transferred to Vietnam on 4 October 1967.
3. While in Vietnam, the applicant participated in the following four campaigns: the Vietnam Counteroffensive, Phase III, which extended from 1 June 1967 through 29 January 1968; the Tet Counteroffensive, which extended from
30 January through 1 April 1968; the Vietnam Counteroffensive, Phase IV, which extended from 2 April through 30 June 1968; and the Vietnam Counteroffensive, Phase V, which extended from 1 July through 1 November 1968.
4. On 4 July 1968, General Orders Number 3662, published by Headquarters, Americal Division, awarded the applicant the Purple Heart for wounds received in connection with military operations against a hostile force on 24 May 1968.
5. The applicant returned to the Continental United States on 13 July 1968.
6. The applicant was honorably released from active duty (REFRAD) on 15 July 1968 and he was transferred to the United States Army Reserve (USAR) Control Group (Annual Training) to complete his remaining military service obligation. The DD Form 214 that he was furnished at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), the Republic of Vietnam Campaign Medal, the Vietnam Service Medal, the Combat Medical Badge, and one Overseas Service Bar. However, the Purple Heart was not included on his DD Form 214.
7. On 18 August 1968, General Orders Number 6034, published by Headquarters, Americal Division, awarded the applicant he Army Commendation Medal for meritorious service in connection with military operations against a hostile force from October 1967 through July 1968.
8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.
9. Record shows the applicant was awarded the Vietnam Service Medal. Additionally, records show the applicant participated in four campaigns while serving in the Republic of Vietnam. Therefore, he is entitled to award of four bronze service stars to be affixed to the Vietnam Service Medal.
DISCUSSION AND CONCLUSIONS:
1. The applicants records show that he was awarded the Purple Heart by General Orders Number 3662, dated 4 July 1968 and the Army Commendation Medal by General Orders Number 6034, dated 10 August 1968. Therefore, he is entitled to have his DD Form 214 amended to include these awards.
2. The applicant is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974. This award should also be included on his DD Form 214.
3. Additionally, the applicants records show that he participated in four campaigns while he was in Vietnam. Therefore, he is also entitled to award of four bronze service stars to be affixed to the Vietnam Service Medal.
4. In view of the foregoing, it would now be appropriate to correct the applicants records as recommended below.
BOARD VOTE:
__XXX __ __XXX__ __XXX__ 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
Army Commendation Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and four bronze service stars to be affixed to the 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) AR20080012630
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ABCMR Record of Proceedings (cont) AR20080012630
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