IN THE CASE OF:
BOARD DATE: 20 August 2009
DOCKET NUMBER: AR20090004346
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 his DD Form 214 does not include the Purple Heart which causes confusion when he applies for certain benefits.
3. The applicant provides no additional documents 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 was appointed as a Reserve commissioned officer on 14 June 1965 in the rank of second lieutenant.
3. The applicant was ordered to active duty on 2 January 1966. He was assigned to Vietnam on 21 November 1966 with the 2nd Battalion, 3rd Infantry, 199th Infantry Brigade.
4. The applicant's service records contain a DA Form 8-275-3 (Clinical Record Cover Sheet), dated 12 May 1967, which shows he sustained a fragment wound to his right thigh, right side of chest, and right arm on 12 May 1967 without artery or nerve involvement. This clinical record indicated he was on a search and destroy mission when he was hit by enemy mortars fire in the Republic of Vietnam.
5. Block 25 (Selected Administrative Data) on his DA Form 8-275-3 shows he was awarded the Purple Heart per Headquarters, 24th Evacuation Hospital, General Orders 73, dated 13 May 1967.
6. His name is listed on the Vietnam Casualty Roster for wounds received in action on 12 May 1967.
7. The applicant departed Vietnam on 19 December 1967. He was credited with participation in the Vietnam Counteroffensive Phase II and the Vietnam Counteroffensive Phase III campaigns.
8. The applicant was released from active duty on 22 December 1967 after completion of 1 year, 11 months, and 21 days of active military service.
9. His DD Form 214 shows he was awarded the Ranger Tab, the Parachutist Badge, the Combat Infantryman Badge, the Air Medal, the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal.
10. Headquarters, 199th Infantry Brigade, General Orders Number 34, dated 11 January 1968, show the applicant was awarded the Bronze Star Medal for meritorious service from November 1966 to November 1967.
11. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that, at the time of the applicants assignment to the 2nd Battalion, 3rd Infantry, 199th Infantry Brigade, this unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 51, dated 1971.
12. Headquarters, Department of the Army General Orders (DAGO) Number 8, dated 1974, awarded all units which served in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
13. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicants service records contain a DA Form 8-275-3, dated 12 May 1967, which show orders were published by the 24th Evacuation Hospital awarding him the Purple Heart for wounds sustained on 12 May 1967. Therefore, the applicant's DD Form 214 should be amended to show award of the Purple Heart.
2. Orders published by the 199th Infantry Brigade awarded the applicant the Bronze Star Medal for meritorious service from November 1966 to November 1967. Therefore, the Bronze Star Medal should be added to his DD Form 214.
3. The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units which served in Vietnam. He was assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. These unit awards should be added to his DD Form 214.
4. The applicants DD Form 214 currently reflects the Vietnam Service Medal. However, he received credit for participation in two campaigns during the Vietnam War. Therefore, his DD Form 214 should be amended to reflect two bronze service stars for wear on his 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 amending his DD Form 214 to add award of the Purple Heart, the Bronze Star Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and two bronze service stars for wear on his Vietnam Service Medal.
_______ _ _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.
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