IN THE CASE OF:	  

		BOARD DATE:	  19 October 2011

		DOCKET NUMBER:  AR20110008575 


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) for the period ending 1 May 1971 to show award of the Purple Heart.  He also requests correction of his social security number (SSN) on his Purple Heart certificate to show XX9-XX-XXXX instead of XX2-XX-XXXX.

2.  The applicant states the Army neglected to add his Purple Heart award to his DD Form 214.

3.  The applicant provides his DD Form 214 for the period ending 1 May 1971; Headquarters, 101st Airborne Division (Airmobile) General Orders Number 10999; his Purple Heart certificate; and Veterans' Administration benefits 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.  His military records show he enlisted in the Regular Army on 28 February 1969.  He was discharged on 22 February 1970 to accept an appointment as a warrant officer effective 23 February 1970.  He entered active duty on 23 February 1970.  He completed training and he was awarded the military occupational specialty of rotary wing pilot (observation, utility, and light cargo).

3.  His DA Form 66 (Officer Qualification Record) shows he served in Vietnam:

   a.  as a helicopter pilot while assigned to Company B, 101st Aviation Battalion (Assault Helicopter), 101st Airborne Division (Airmobile) during the period 12 April to 10 June 1970; and
   
   b.  as a rotary wing aviator while assigned to the 163d Aviation Company, 101st Airborne Division (Airmobile) during the period 11 June to 1 October 1970, when he became a patient.

4.  His DA Form 66 shows award of the Purple Heart. 

5.  Headquarters, 101st Airborne Division (Airmobile) General Orders Number 10999, dated 15 September 1970, awarded him the Purple Heart for wounds received in action on 13 September 1970.  The accompanying Purple Heart certificate shows his SSN as XX2-XX-XXXX.  All other documents in his records show his SSN as XX9-XX-XXXX.

6.  He was honorably released from active duty on 1 May 1971 and transferred to the U.S. Army Reserve Control Group (Annual Training).  He completed a combined total of 2 years, 2 months, and 4 days of enlisted and officer active service.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 1 May 1971 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Air Medal, and Army Aviator Badge.

8.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam and states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  During his tour of duty in Vietnam he participated in the following campaigns:

* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* DA Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the units to which he was assigned in Vietnam were awarded the following during the applicant's assignment to the unit:

* Valorous Unit Award for the period 22-23 July 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 July 1968 to 2 May 1970

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Purple Heart.  Therefore, he is entitled to have this award added to his DD Form 214 for the period ending 1 May 1971.

2.  Since his other military documents show his SSN as XX9-XX-XXXX, it appears his SSN was incorrectly transcribed on his Purple Heart certificate.  As such, he is entitled to have this certificate corrected to show his SSN as 
XX9-XX-XXXX.

3.  General orders awarded his unit of assignment the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he was assigned; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  The available records show he was awarded the Vietnam Service Medal and that he participated in three campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars with his already-awarded Vietnam Service Medal.

5.  In view of the foregoing, his records should be corrected as shown below.







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 from item 24 of his DD Form 214 the Vietnam Service Medal;

	b.  adding the Purple Heart, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and three bronze service stars with his already-awarded Vietnam Service Medal to the awards shown on his DD Form 214; and

	c.  correcting his Purple Heart certificate to show his SSN as XX9-XX-XXXX.




      _______ _   _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)                                         AR20110008575



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ABCMR Record of Proceedings (cont)                                         AR20110008575



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