IN THE CASE OF:
BOARD DATE: 14 September 2011
DOCKET NUMBER: AR20110004754
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 add the Purple Heart.
2. The applicant states the Purple Heart is not shown on his DD Form 214.
3. The applicant provides a copy of his Purple Heart Certificate, general orders awarding him the Purple Heart, and his DD Form 214.
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, and 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 enlisted in the Regular Army on 11 June 1968. He completed basic combat and advanced individual training and was awarded military occupational specialty 13A (field artillery crewman). The applicant served in Vietnam during the period 16 November 1968 through 27 August 1969. The highest rank the applicant attained while serving on active duty was sergeant/
E-5. He was honorably released from active duty on 10 June 1970 at the expiration of his term of service.
3. The applicant's record contains Headquarters, 8th Field Hospital, General Orders Number 29, dated 14 August 1969, awarding him the Purple Heart for wounds sustained in action on 12 August 1969.
4. A review of the applicant's record shows he is entitled to additional awards.
5. Department of the Army General Orders Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.
6. Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance for the Vietnam Service Medal. It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. A silver service star is authorized in lieu of five bronze service stars. Appendix B shows that during his service in Vietnam, participation credit was awarded for the following campaigns:
* Vietnam Counteroffensive Phase IV, 2 April 1968-30 June 1968
* Vietnam Counteroffensive Phase V, 1 July 1968-1 November 1968
* Vietnam Counteroffensive Phase VI, 2 November 1968-22 February 1969
* Tet 69 Counteroffensive 1969, 23 February 1969-8 June 1969
* Vietnam Summer-Fall 1969, 9 June 1969-31 October 1969
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 to add the Purple Heart was carefully considered and determined to have merit.
2. Orders show the applicant was awarded the Purple Heart for wounds sustained in action on 12 August 1969. Therefore, he is entitled to have his DD Form 214 corrected to show award of the Purple Heart.
3. Records show the applicant participated in five campaigns while serving in the Republic of Vietnam. Therefore, he is entitled to one silver service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show this service star.
4. General orders awarded Headquarters, U.S. Army Vietnam, and its subordinate units the Republic of Vietnam Gallantry Cross with Palm Unit Citation during a period of time the applicant was assigned in Vietnam. Therefore, he is entitled to have his DD Form 214 corrected to show this award.
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 is 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 adding the following awards to his DD Form 214:
* Purple Heart
* one silver service star to be affixed to his previously-awarded Vietnam Service Medal
* 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) AR20110004754
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ABCMR Record of Proceedings (cont) AR20110004754
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