IN THE CASE OF:
BOARD DATE: 22 February 2011
DOCKET NUMBER: AR20100020436
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 Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) as well as his dates of service in Vietnam.
2. The applicant states these corrections will make his discharge document correct and complete.
3. The applicant provides his DD Form 214 and General Orders Number 44, dated 22 February 1967.
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 17 December 1965 and he was awarded the military occupational specialty of light weapons infantryman. He served in Vietnam from 21 November 1966 to 30 September 1967 and participated in the Counteroffensive Phase III Campaign (1 July 1966 through 29 January 1968). He was promoted to pay grade E-6.
3. He was honorably released from active duty on 1 October 1967. The DD Form 214 he was issued shows he was awarded the Vietnam Service Medal, but it does not show his Purple Heart or the dates of his service in Vietnam.
4. General Orders Number 44, Headquarters, 199th Infantry Brigade (Separate) (Light), dated 22 February 1967, awarded the applicant the Purple Heart for wounds received in connection with military operations against a hostile force on 17 February 1967.
5. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 December 1966 to 31 August 1970 by Department of the Army General Orders Number 31, dated 1971.
6. Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized for wear on the appropriate service medal, to include the Vietnam Service Medal, for each campaign participation credit.
7. Department of the Army General Orders Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to Headquarters, U.S. Army Vietnam, and its subordinate units from 8 February 1962 through 28 March 1973.
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. It directs that when an active duty Soldier is deployed with his or her unit during the period covered by the DD Form 214, an entry will be made in item 30 (Remarks) to show "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the Purple Heart by general orders. As such, it would be appropriate to add this award to his DD Form 214.
2. Based upon the applicant's assignment in Vietnam, he is also entitled to a bronze service star to be affixed to his already-authorized Vietnam Service Medal. He is also authorized the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, these unit awards should also be added to the applicant's DD Form 214.
3. Since the applicant served in Vietnam, it would be appropriate to add to item 30 the following remark: "SERVICE IN VIETNAM FROM 19661121-19670930."
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 the DD Form 214 of the individual concerned be corrected by adding:
a. to item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), the Purple Heart, one bronze service star to be affixed to his already-authorized Vietnam Service Medal, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and
b. to item 30, "SERVICE IN VIETNAM FROM 19661121-19670930."
__________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) AR20100020436
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ABCMR Record of Proceedings (cont) AR20100020436
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