IN THE CASE OF:
BOARD DATE: 5 August 2010
DOCKET NUMBER: AR20100007732
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his two additional Purple Hearts (for a total of three).
2. The applicant states his DD Form 214 shows one Purple Heart and he is entitled to three.
3. The applicant does not provide any additional documents.
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 that he enlisted in the Regular Army on 5 August 1966, was awarded the military occupational specialty of armor intelligence specialist, served in Vietnam from 25 July 1967 to 15 July 1968, and was promoted to pay grade E-4.
3. While in Vietnam, the applicant was assigned to Troop E, 17th Cavalry, 173d Airborne Brigade (Separate), from 23 July 1967 to 27 May 1968, and to Headquarters and Headquarters Detachment, 173d Airborne Brigade (Separate), from 28 May to 15 July 1968.
4. He was honorably released from active duty on 17 September 1969. The DD Form 214 he was issued shows he was awarded the National Defense Service Medal, the Parachutist Badge, the Republic of Vietnam Campaign Medal with Device 19690, the Vietnam Service Medal, the Purple Heart, and the Combat Infantryman Badge.
5. The applicant's records contain:
a. General Orders Number 137, dated 16 August 1967, which awarded the applicant the Purple Heart for wounds incurred on 14 August 1967;
b. General Orders Number 1376, dated 17 May 1968, which awarded the applicant the Purple Heart with first and second oak leaf clusters for wounds incurred on 18 September 1967 and 19 April 1968; and
c. General Orders Number 1947, dated 19 July 1968, which awarded the applicant the Army Commendation Medal (ARCOM).
6. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the pertinent identified campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.
For the applicant, those periods are the Counteroffensive Phase III (1 July 1966 through 29 January 1968), Tet Counteroffensive (30 January 1968 through 1 April 1968), Counteroffensive Phase IV (2 April 1968 through 30 June 1968), and Counteroffensive Phase V (1 July 1968 through 1 November 1968).
7. Department of the Army General Orders Number 8, dated 1974, awarded all units assigned to U.S. Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded three Purple Hearts as verified by general orders.
2. The applicant was awarded the ARCOM which is not shown on his DD Form 214.
3. Also, based on the applicant's dates of service in Vietnam and the dates of his assignment to units in Vietnam, he is entitled to four bronze service stars to be worn on his already-authorized Vietnam Service Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
BOARD VOTE:
____X___ ___X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined 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:
a. deleting from his DD Form 214 the Vietnam Service Medal and the Purple Heart and
b. adding to his DD Form 214 the Purple Heart with 2nd Oak Leaf Cluster, the ARCOM, the Vietnam Service Medal with four bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm 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) AR20100007732
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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