IN THE CASE OF:
BOARD DATE: 15 October 2008
DOCKET NUMBER: AR20080012895
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 award of the Purple Heart.
2. The applicant states, in effect, that he was wounded in combat in the Republic of Vietnam.
3. The applicant provided a copy of General Orders Number 69, dated 2 June 1967, showing award of the Purple Heart, in support of his application.
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's records show he was inducted into the Army of the United States on 18 April 1966. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman). He was honorably separated and transferred to the U.S. Army Control Group (Annual Training) on 2 April 1968. The highest rank he attained during his military service was specialist five (SP5)/E-5.
3. The applicants records show he served in the Republic of Vietnam from 12 December 1966 to 24 July 1967. He was assigned to A Company, 3rd Battalion, 39th Infantry, 9th Infantry Division.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the Combat Infantryman Badge. Item 24 does not show award of the Purple Heart.
5. Headquarters, 3rd Field Hospital, General Orders Number 69, dated 2 June 1967, show the applicant was awarded the Purple Heart for wounds received in action in connection with military operations against a hostile force.
6. Review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.
7. Headquarters, 2nd Logistical Command, Special Orders Number 310, dated 26 December 1967, show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), on 4 December 1967.
8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 3rd Battalion, 39th Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 31, dated 1969, and the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, based on Department of the Army General Orders Number 43, dated 1970.
9. Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.
10. Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive, Phases I, II, and III, campaigns during his tour of duty in the Republic of Vietnam. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.
DISCUSSION AND CONCLUSIONS:
1. General Orders awarded the applicant the Purple Heart for wounds received in action in connection with military operations against a hostile force on 31 May 1967, which is not shown on his records; therefore, he is entitled to correction of his records to show this award.
2. General Orders awarded the applicants unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal-First Class Citation which are not shown on his records; therefore, he is entitled to have his records corrected to show these unit awards.
3. Special Orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), which is not shown on his records; therefore, he is entitled to correction of his records to show this award.
4. The evidence of record shows the applicant was awarded the Vietnam Service Medal. Additionally, records show the applicant participated in three campaigns while serving in the Republic of Vietnam; therefore, he is entitled to award of three bronze service stars to be affixed to the Vietnam Service Medal.
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 award of the Purple Heart, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and three bronze service stars to be affixed to his already-awarded 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) AR20080012895
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