IN THE CASE OF:
BOARD DATE: 6 November 2008
DOCKET NUMBER: AR20080014152
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 of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Purple Heart.
2. The applicant states, in effect, that he has the Purple Heart but lost the certificate. He further implies that it was not recorded on his DD Form 214.
3. The applicant provides a copy of his DD Form 214 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. On 6 May 1968, the applicant was inducted into the Army of the United States for 2 years. He completed his initial training and was awarded military occupational specialty 11B (Light Weapons Infantryman).
3. On 13 October 1968, the applicant was assigned for duty as a forward observer with the 1st Battalion, 52nd Infantry Regiment, 198th Infantry Brigade, in the Republic of Vietnam.
4. The Vietnam Casualty Roster shows that the applicant was wounded in action on 19 February 1969.
5. On 6 October 1969, the applicant returned to the United States for duty at Fort Riley, Kansas.
6. On 15 May 1970, the applicant was released from active duty and transferred to the United States Army Reserve (USAR) Control Group (Annual Training). He had completed 1 year, 11 months, and 29 days of creditable active duty service.
7. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Combat Infantryman Badge, First Class Gunner [Sharpshooter] Marksmanship Qualification Badge with Machinegun Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar. It does not show award of the Purple Heart.
8. There is no available evidence in the applicants records or on the Awards and Decorations Computer Assisted Retrieval System (ADCARS) showing that he was awarded a Purple Heart.
9. Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.
10. Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following four campaign periods: the Vietnam Counteroffensive, Phase V; the Vietnam Counteroffensive, Phase VI; the Tet 69 Counteroffensive, 1969; and the Vietnam Summer-Fall 1969. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.
11. Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.
DISCUSSION AND CONCLUSIONS:
1. There are no general orders available that show the applicant was awarded the Purple Heart. However, the applicant's name is listed on the Vietnam Casualty Roster showing that he was wounded in action on 19 February 1969. Therefore, the applicant's request for award of the Purple Heart should be granted.
2. Records show that the applicant participated in four campaign periods during his service in the Republic of Vietnam. Therefore, he is eligible for award of four bronze service stars to be affixed to his Vietnam Service Medal.
3. The applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, his records should be corrected to show this foreign unit award.
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:
a. awarding him the Purple Heart for wounds received in action on
19 February 1969; and
b. showing that, in addition to the awards shown on his DD Form 214, his
authorized awards include the Purple Heart, four bronze service stars to be affixed to his already-awarded Vietnam Service Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
____________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) AR20070016793
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20080014152
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