IN THE CASE OF:
BOARD DATE: 11 December 2008
DOCKET NUMBER: AR20080016187
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart.
2. The applicant states that the Army put the correct service number but the wrong name on the orders awarding him the Purple Heart and that it is not shown on his DD Form 214.
3. The applicant provides a copy of his DD Form 214, dated 24 July 1970, and a copy of General Orders Number 57, dated 24 June 1969, issued by Headquarters, 312th Evacuation Hospital, 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 that he was inducted into the Army of the United States on 18 July 1968. He completed basic combat and advanced individual training and was awarded military occupational specialty 11H (Infantry Direct Fire Crewman). The highest rank he attained during his military service was private first class (PFC)/E-3. He was honorably separated and transferred to the U.S. Army Reserve Control Group (Annual Training) on 24 July 1970.
3. The applicants records show he served in the Republic of Vietnam from 17 December 1968 to 17 December 1969. He was assigned to Company E, 4th Battalion, 31st Infantry, Americal Division.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, and the Republic of Vietnam Campaign Medal with Device (1960). Item 24 does not show award of the Purple Heart.
5. The applicant's records contain a Department of the Army message, dated 24 June 1969, stating that the applicant suffered fragment wounds to his arm when his base camp area came under hostile rocket attack on 21 June 1969 in the Republic of Vietnam.
6. The applicant's records also contain a Western Union Telegram, dated 24 June 1969, informing the applicant's parents that he was slightly wounded in action in the Republic of Vietnam on 21 June 1969 as a result of hostile action. He received fragment wounds to his left arm and back when his base camp area came under rocket attack by a hostile force.
7. Headquarters, 312th Evacuation Hospital, General Orders Number 57, dated 24 June 1969, show the applicant was awarded the Purple Heart for wounds received in action on 21 June 1969. Although the general orders listed the applicants correct service number, these orders listed the first letter of his first name as "E" instead of "J."
8. Review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.
9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 4th Battalion, 31st Infantry, was awarded the Presidential Unit Citation from 11 August 1969 through 31 August 1969 based on Department of the Army General Orders Number 42, dated 1971, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation from 24 August 1969 through 31 December 1969 based on Department of the Army General Orders Number 5, dated 1969.
DISCUSSION AND CONCLUSIONS:
1. General orders awarded the applicant the Purple Heart for wounds received in combat on 21 June 1969 in the Republic of Vietnam which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.
2. General Orders awarded the applicants unit the Presidential Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation which are not shown on his records; therefore, he is entitled to correction of his records to show these awards.
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 adding the Purple Heart, the Presidential Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214.
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) AR20080016187
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ABCMR Record of Proceedings (cont) AR20080016187
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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