BOARD DATE: 27 April 2010
DOCKET NUMBER: AR20090018167
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 the Purple Heart and the Meritorious Service Medal be added to his retirement DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states the Purple Heart was never entered on his DD Form 214 and the Meritorious Service Medal was awarded after his retirement.
3. The applicant provides the following documents in support of his application:
* DA Form 638 (Recommendation for Award of the Legion of Merit and
Below)
* Award certificate for the Meritorious Service Medal
* DA Form 8-275-3 (Clinical Record Cover Sheet)
* Letter from the National Personnel Records Center
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 completed prior active and inactive service. He enlisted in the Regular Army on 2 May 1962 and continued to serve on active duty through a series of reenlistments.
3. His DA Form 2-1 (Personnel Qualification Record) shows he served in Vietnam from 16 April 1966 to 15 March 1967 with Company B, 2nd Battalion, 14th Infantry.
4. The Clinical Record Cover Sheet shows the applicant sustained a fragment wound to his right thigh on 31 October 1966 in the Republic of Vietnam as a result of hostile action. The applicants name is listed on the Vietnam Casualty Roster.
5. The applicant was issued a DD Form 214 for the period ending 29 April 1971. This discharge document shows the Purple Heart as an authorized award.
6. The applicants 29 April 1971 DD Form 214 shows two awards of the Bronze Star Medal, one with a bronze oak leaf cluster and one with a V Device.
7. The applicant was retired on 31 January 1990.
8. His retirement DD Form 214 does not show the Purple Heart or the Meritorious Service Medal as authorized awards. This discharge document shows the Bronze Star Medal (First Oak Leaf Cluster).
9. The applicants DA Form 638, dated 22 March 1990, shows he was awarded the Meritorious Service Medal for meritorious service during the period 21 January 1980 to 20 January 1990 by Headquarters, 7th Infantry Division (Light), Fort Ord, CA Permanent Orders Number 101-75, dated 30 May 1990.
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 document shows that, at the time of the applicant's assignment to the 2nd Battalion, 14th Infantry, 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.
DISCUSSION AND CONCLUSIONS:
1. Orders show the applicant was awarded the Meritorious Service Medal for service during the period 21 January 1980 to 20 January 1990. Although he received this award after his retirement date, it would be appropriate to amend his retirement DD Form 214 to add the Meritorious Service Medal.
2. The evidence of record shows the applicant was wounded in action on 31 October 1966 in Vietnam and he received award of the Purple Heart for this injury. His 29 April 1971 DD Form 214 reflects award of the Purple Heart; however, this decoration is not recorded on his retirement DD Form 214. Therefore, the Purple Heart should also be shown on his retirement DD Form 214.
3. The evidence of record shows the applicant was awarded the Bronze Star Medal with a bronze oak leaf cluster and V Device; however, his retirement DD Form 214 only reflects the Bronze Star Medal (First Oak Leaf Cluster). Therefore, his retirement DD Form 214 should be amended to include the Bronze Star Medal with V Device.
4. The applicant was assigned to the 2nd Battalion, 14th Infantry during a period it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, this unit award should be added to his retirement DD Form 214.
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 retirement DD Form 214 by adding the Purple Heart, the
Meritorious Service Medal, Bronze Star Medal (First Oak Leaf Cluster) with V Device (in lieu of the Bronze Star Medal First Oak Leaf Cluster), and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.
_______ _ 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) AR20090018167
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ABCMR Record of Proceedings (cont) AR20090018167
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