BOARD DATE: 3 December 2009
DOCKET NUMBER: AR20090012004
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect his award of the Silver Star and three awards of the Purple Heart.
2. The applicant states that he was awarded the Silver Star and three awards of the Purple Heart. However, those awards were omitted from his DD Form 214 at the time of his release from active duty (REFRAD).
3. The applicant provides a copy of a newspaper article and a six-page handwritten statement.
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 inducted in St. Louis, Missouri on 3 June 1968. He completed his basic training at Fort Leonard Wood, Missouri and his advanced individual training (AIT) at Fort Sam Houston, Texas before being transferred to Vietnam on 20 December 1968.
3. He was assigned to Headquarters and Headquarters Company, 4th Battalion, 21st Infantry Regiment for duty as a medic. He was advanced to the pay grade of E-3 on 21 December 1968 and to the pay grade of E-4 on 9 April 1969.
4. A review of the applicant's official records and the Vietnam Casualty Listing shows that he was wounded on 11 March, 12 June and 20 July 1969. He was also awarded the Silver Star for gallantry in action on 12 June 1969, an action in which he was wounded. Additionally, the applicant was awarded the Combat Medical Badge (CMB) in Special Orders Number 113 issued by Headquarters, Americal Division in 1969.
5. He departed Vietnam on 18 October 1969 and was transferred to Fort Lewis, Washington, where he was honorably REFRAD due to hardship. He had served 1 year, 4 months and 16 days of total active service and his DD Form 214 shows that he was awarded the National Defense Service Medal, the Republic of Vietnam Campaign Medal, the Vietnam Service Medal (VSM) and his marksmanship badges.
6. On 30 September 2004, a DD Form 215 (Correction to DD Form 214) was prepared to add the applicant's award of the Silver Star to his DD Form 214. Accordingly, no further action or discussion on this matter is required.
7. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicants unit was subsequently awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation during the period he was assigned to the unit. Additionally, he participated in three campaigns while assigned to Vietnam and is entitled to be awarded three bronze service stars for wear on his already-awarded VSM.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record clearly shows that the applicant was wounded on three separate occasions. Although orders for all of those awards are not present in the available records, it is reasonable to presume that he was awarded three Purple Hearts as he claims. Accordingly, it would be in the interest of justice to add those awards to his records at this time.
2. The evidence of record also reflects that he was awarded the CMB and that award was also omitted from his records at the time of his REFRAD. Therefore, it would be appropriate to add that award at this time.
3. Additionally, the evidence of record shows that his unit was awarded the RVNGC w/Palm Unit Citation during the period he was assigned to the unit. Additionally, he participated in three campaigns while assigned to Vietnam and is entitled to be awarded three bronze service stars for wear on his already-awarded VSM.
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 the Purple Heart with two oak leaf clusters, the CMB, the RVNGC w/Palm Unit Citation, and to show he is authorized to wear three bronze service stars on his already-awarded VSM.
_______ _ _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) AR20090012004
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ABCMR Record of Proceedings (cont) AR20090012004
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