IN THE CASE OF:	

		BOARD DATE:	  12 January 2010

		DOCKET NUMBER:  AR20090013598 


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, that his award of the Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, that he was awarded the Purple Heart during his service in Vietnam from 1968 to 1969 and it is not shown on his DD Form 214.

3.  The applicant provides a copy of general orders awarding him 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 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 military records show he was inducted into the Army of the United States on 6 June 1967.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  He served in Vietnam from 21 May 1968 to 1 June 1968 with Company C, 3rd Battalion, 47th Infantry, 9th Infantry Division; from 2 June 1968 to 10 August 1968 with Company E, 3rd Battalion, 47th Infantry, 9th Infantry Division; and from 11 August 1968 to 7 May 1969 with Company E, 50th Infantry.  He served in Vietnam during four campaigns.

3.  The applicant submitted a copy of General Orders Number 11529, Headquarters, 9th Infantry Division, dated 23 December 1968, in support of his request.  These general orders show he was awarded the Purple Heart for wounds he received in connection with military operations against a hostile force on 21 December 1968.

4.  The applicant was honorably released from active duty in pay grade E-5 on 12 May 1969 as an overseas returnee and transferred to the U.S. Army Reserve Control Group (Annual Training).  He was credited with 1 year, 11 months, and 7 days of net active service.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal.  The Purple Heart is not shown on his DD Form 214.

6.  The Vietnam casualty roster shows the applicant was wounded on 21 December 1968.

7.  Item 41 of the applicant's DA Form 20 (Enlisted Qualification Record) shows that in addition to the awards already shown on his DD Form 214 he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, the Combat Infantryman Badge, the Army Commendation Medal, the Army Good Conduct Medal, and the Bronze Star Medal.  His records contain general orders awarding him the Army Commendation Medal, the Army Good Conduct Medal (1st Award), and the Bronze Star Medal.

8.  Army Regulation 600-8-22 (Military Awards) authorizes 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 campaign or service medal including the Vietnam Service Medal.  A silver service star is worn instead of five bronze service stars.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit, 3rd Battalion, 47th Infantry, was awarded the Meritorious Unit Commendation for the period 1 January 1968 to 31 December 1968 based on Department of the Army General Orders Number 36, dated 1970; the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966 to 30 June 1968 based on Department of the Army General Orders Number 31, dated 1969; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 28 June 1969 based on Department of the Army General Orders Number 59, dated 1969.

10.  Department of the Army Pamphlet 672-3 also shows the applicant's unit, Company E, 50th Infantry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January 1969 based on Department of the Army General Orders Number 59, dated 1969, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 20 December 1967 to 31 January 1969 based on Department of the Army General Orders Number 56, dated 1969.

11.  Paragraph 6 of Department of the Army Pamphlet 672-3 states that when an individual has been authorized the Republic of Vietnam Gallantry Cross Unit Citation on more than one occasion, multiple awards of this unit citation are not authorized for wear; however, official military and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant was wounded in action while he served in Vietnam on 21 December 1968.  General orders were published awarding him the Purple Heart; however, these general orders were not included in his records.  The Purple Heart was not added to his DD Form 214 when he was released from active duty.  He is entitled to have the Purple Heart added to his DD Form 214 at this time.

2.  The evidence also confirms the applicant was awarded the Bronze Star Medal, the Army Commendation Medal, the Army Good Conduct Medal, the Combat Infantryman Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar which are not shown on his DD Form 214.  Therefore, it would also be appropriate to add these awards at this time.

3.  The evidence further confirms the applicant served in Vietnam for four campaigns and is entitled to four bronze service stars to be affixed to his already-awarded Vietnam Service Medal to denote his campaign credit.  It would further be appropriate to add these service stars to his DD Form 214.

4.  General orders entitled the applicant's unit to award of the Meritorious Unit Commendation and two Republic of Vietnam Civil Actions Honor Medal First Class Unit Citations during his tenure of assignment in Vietnam.  These unit awards are not shown on his DD Form 214.  He is therefore entitled to have his DD Form 214 corrected to show these unit awards.

5.  The applicant also served in units which were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  He is further entitled to two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citations and to have them added to his added to his DD Form 214.

6.  In view of the foregoing, the applicant's records should be corrected as recommended below.

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:

	a.  by adding the Bronze Star Medal, the Purple Heart, the Army Commendation Medal, the Army Good Conduct Medal, the Combat Infantryman Badge, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, four bronze service stars to be affixed to his already- awarded Vietnam Service Medal, the Meritorious Unit Commendation, two Republic of Vietnam Civil Actions Honor Medal First Class Unit Citations, and two Republic of Vietnam Gallantry Cross with Palm Unit Citations to his DD Form 214; and


	b.  by providing the applicant with a corrected separation document that includes these awards.



      ___________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)                                         AR20090013598



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ABCMR Record of Proceedings (cont)                                         AR20090013598



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