IN THE CASE OF:
BOARD DATE: 27 September 2011
DOCKET NUMBER: AR20110005515
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.
2. He states the Purple Heart was omitted from his DD Form 214 at the time of discharge.
3. He provides a Purple Heart award certificate.
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 enlisted in the Regular Army on 10 May 1965.
3. He served in Vietnam from 30 March 1967 to 21 March 1968 with Headquarters and Headquarters Company, 1st Battalion, 8th Infantry Regiment, 4th Infantry Division.
4. His service record contains Headquarters, 4th Infantry Division, General Orders Number 453, dated 21 January 1968, which shows he was awarded the Purple Heart for wounds received in action on 19 May 1967.
5. He was released from active duty on 24 March 1968. His DD Form 214 shows award of the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, two Overseas Service Bars, and Expert Marksmanship Qualification Badge with Rifle Bar.
6. 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 unit to which the applicant was assigned was awarded the:
a. Presidential Unit Citation for the period 18 to 26 May 1967 by Headquarters, Department of the Army General Order (DAGO) Number 69, dated 1969.
b. Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966 to 28 July 1969 by Headquarters, DAGO Number 3, dated 1970.
c. Presidential Unit Citation for the period 29 October to 30 November 1967 by Headquarters, DAGO Number 38, dated 1971.
7. Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal. It states that a bronze service star is authorized to be worn with this award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, participation credit was awarded for the Vietnam Counteroffensive Phase II, Vietnam Counteroffensive Phase III, and Tet Counteroffensive campaigns.
DISCUSSION AND CONCLUSIONS:
1. General orders show the applicant was awarded the Purple Heart for wounds received in action on 19 May 1967. Therefore, his DD Form 214 should be amended to show this decoration.
2. He was assigned to a unit in Vietnam during a period the unit was cited once for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and twice for award of the Presidential Unit Citation. Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.
3. His DD Form 214 currently reflects the Vietnam Service Medal. Additionally, he received credit for participation in three campaigns during the Vietnam War. Therefore, his DD Form 214 should be amended to reflect three bronze service stars for wear on his already-awarded Vietnam Service Medal.
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:
a. deleting the Vietnam Service Medal from item 24 (Decorations, Medals, Badges, Commendations, Citations) of his DD Form 214; and
b. adding to item 24 of his DD Form 214 the Purple Heart, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Presidential Unit Citation (2nd Award), and Vietnam Service Medal with three bronze service stars.
_______ _ _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) AR20110005515
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ABCMR Record of Proceedings (cont) AR20110005515
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