IN THE CASE OF:	  

		BOARD DATE:	  14 October 2009

		DOCKET NUMBER:  AR20090008916 


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 item 9 (Date of Birth) on his DD Form 214 (Report of Transfer or Discharge) be corrected to show he was born on 7 June 1946 not 6 June 1946.  He also requests, in effect, that his DD Form 214 be corrected to show a second award of the Purple Heart (correctly known as the Purple Heart with First Oak Leaf Cluster) and the Bronze Star Medal.    

2.  The applicant states that he was born on 7 June 1946, that he received the first award of the Purple Heart on 13 April 1969, and that he received the second award of the Purple Heart while hospitalized on 13 May 1969.  He contends that he also received the "Bronze Star" during the same period.  He also indicates that he has terminal lung cancer and wants his DD Form 214 to accurately reflect his tour in Vietnam.  

3.  The applicant provides no documentary evidence 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 applicant’s 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 applicant’s 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 DD Form 398 (Statement of Personal History) and his induction record, dated 14 September 1967, show his date of birth is 7 June 1946.  He was inducted into the Army of the United States on 14 September 1967.  He arrived in Vietnam on 9 January 1969.  He served as a field artillery basic crewman assigned to Battery C, 1st Battalion, 8th Artillery of the 25th Infantry Division in Vietnam from 16 January 1969 through 1 August 1969.  He was assigned to Headquarters and Headquarters Battery, 1st Battalion, 
8th Artillery of the 25th Infantry Division in Vietnam from 2 August 1969 through 19 November 1969.  On 20 November 1969, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation. 

3.  Item 9 on the applicant's DD Form 214 shows his date of birth is 6 June 1946.  His DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Army Commendation Medal, and the Purple Heart as authorized awards.       

 4.  Headquarters, 25th Infantry Division General Orders Number 5138, dated 
8 April 1969, show the applicant received the Purple Heart for wounds received in action on 13 March 1969 in Vietnam.

5.  Headquarters, 12th Evacuation Hospital (SMBL) General Orders Number 
98, dated 14 April 1969, show the applicant received the Purple Heart with First Oak Leaf Cluster for wounds received in action on 13 April 1969 in Vietnam.

6.  There are no orders for the Bronze Star Medal in the available records.

7.  Item 41 (Awards and Decorations) on the applicant's DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Bronze Star Medal. 

8.  Review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Bronze Star Medal.

9.  Records show the applicant participated in four campaigns during his assignment in Vietnam.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This publication shows the 1st Battalion, 8th Artillery, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 5, dated 1973.  

11.  Department of the Army Pamphlet 672-3 shows the 1st Battalion, 
8th Artillery, was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 51, dated 1971.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  

13.  Army Regulation 600-8-22, 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.  Evidence of record shows the applicant was born on 7 June 1946.  Therefore, item 9 on his DD Form 214 should be corrected to show this date. 

2.  The applicant's DD Form 214 shows award of the Purple Heart.  However, orders show he received the Purple Heart with First Oak Leaf Cluster.  Therefore, his DD Form 214 should be corrected to show the Purple Heart with First Oak Leaf Cluster.   

3.  There is no evidence of record which shows the applicant was awarded the Bronze Star Medal.  Therefore, there is insufficient evidence on which to base adding the Bronze Star Medal to his DD Form 214.  

4.  The applicant participated in four campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with four bronze service stars.


5.  The applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show these unit awards. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x____  ___x_____  ____x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting the entry in item 9 on his DD Form 214;

	b.  adding the entry "7 JUN 46" in item 9 on his DD Form 214; 

	c.  deleting the entry "PURPLE HEART" in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214; and

	d.  adding the Purple Heart with First Oak Leaf Cluster, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars for wear on his already-awarded Vietnam Service Medal in item 24 on his DD Form 214. 








2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award to the Bronze Star 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.



ABCMR Record of Proceedings (cont)                                         AR20090008916





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ABCMR Record of Proceedings (cont)                                         AR20090008916



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