BOARD DATE:	  February 25, 2010

		DOCKET NUMBER:  AR20090015815 


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.  He also requests that item 9 (Date of Birth) of his DD Form 214 be corrected.

2.  The applicant states that he was awarded the Purple Heart and it was not recorded on his DD Form 214.  He also contends, in effect, that his date of birth is incorrect on his DD Form 214 and it should be 14 March 1946.

3.  The applicant provides an award certificate for the Purple Heart for wounds received in action on 27 July 1967 and a birth certificate which shows he was born on 14 March 1946 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), dated 28 August 1966, and his induction record show he was born on 14 March 1945.  He was inducted into the Army of the United States on 26 September 1966.  He arrived in Vietnam on 28 February 1967.  He was assigned to Headquarters and Headquarters Service Battery, 1st Battalion, 5th Artillery, 1st Infantry Division, in Vietnam from 10 March 1967 through 27 February 1968.  On 25 September 1968, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.

3.  The applicant's DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Army Good Conduct Medal, and two overseas service bars as authorized awards.

4.  The applicant's DA Form 20 (Enlisted Qualification Record) and his DA Form 41 (Record of Emergency Data) show he was born on 14 March 1945.

5.  The applicant provided a birth certificate which shows his date of birth is 14 March 1946.

6.  There are no orders for the Purple Heart in the available records.  However, a Western Union telegram, dated 28 July 1967, states the applicant was slightly wounded in Vietnam on 27 July 1967 as a result of hostile action.

7.  Item 40 (Wounds) of the applicant's DA Form 20 shows he was wounded on 27 July 1967.

8.  The Vietnam casualty roster shows the applicant was wounded on 27 July 1967.

9.  Records show the applicant participated in three 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 pamphlet shows the applicant's unit at the time of his assignment was awarded the Meritorious Unit Commendation for actions during the period 1 August 1966 to 30 April 1967 based on Department of the Army General Orders (DAGO) Number 48, dated 1968.  His unit was awarded a second award of the Meritorious Unit Commendation for actions during the period 1 May 1967 to 31 July 1968 based on DAGO Number 39, dated 1970.

11.  Department of the Army Pamphlet 672-3 shows the applicant's unit at the time of his assignment was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO Number 21, dated 1969.

12.  Department of the Army Pamphlet 672-3 also shows the applicant's unit at the time of his assignment was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on DAGO Number 53, dated 1970.

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

14.  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, including the Vietnam Service Medal.

15.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part it states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The Army has an interest in maintaining the accuracy of its records for historical purposes.  The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created.

2.  Although the birth certificate provided by the applicant shows his date of birth is 14 March 1946, it appears he appropriately served on and was released from active duty under the date of birth of 14 March 1945.  While the applicant's desire to have the records changed is understandable, there is no basis for compromising the integrity of the Army's records.  This Board action will be filed in the applicant's military records so a record of his date of birth will be on hand.

3.  The Western Union telegram, the entry on the applicant's DA Form 20, and the entry on the Vietnam casualty roster which show the applicant was wounded in action on 27 July 1967 are accepted as sufficient evidence on which to base award of the Purple Heart in this case.

4.  The applicant participated in three campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with three bronze service stars.  Therefore, his DD Form 214 should be corrected to show this award.

5.  The applicant's unit was cited for two awards of the Meritorious Unit Commendation, one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one award 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 adding the Purple Heart, two awards of the Meritorious Unit Commendation, one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, one award the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and three bronze service stars for wear on his already-awarded Vietnam Service Medal to 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 amending item 9 of his DD Form 214.



      ___________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)                                         AR20090015815



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ABCMR Record of Proceedings (cont)                                         AR20090015815



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