IN THE CASE OF:
BOARD DATE: 18 October 2011
DOCKET NUMBER: AR20110008648
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 his two awards of the Purple Heart. He provides no statement.
2. He provides copies of his July 1968 and February 1969 orders for the Purple Heart.
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 applicants military record shows he was inducted into the Army of the United States on 3 November 1967. He completed training and was awarded military occupational specialty 95B (Military Policeman). He served in Vietnam from 21 April 1968 through 20 April 1969, during four campaigns. He was assigned to:
* Company A, 3rd Battalion, 39th Infantry, 9th Infantry Division, from 1 May 1968 to 11 January 1969
* 9th Military Police Company, 9th Infantry Division, from 12 January 1969 to 14 April 1969
3. General Orders Number 5961 issued by Headquarters, 9th Infantry Division, on 24 July 1968, awarded him the Purple Heart for wounds received in connection with military operations against a hostile force in the Republic of Vietnam on 21 July 1968.
4. General Orders Number 2167 issued by Headquarters, 9th Infantry Division, on 24 February 1969, awarded him the Purple Heart for wounds received in connection with military operations against a hostile force in the Republic of Vietnam on 6 February 1969.
5. He was honorably released from active duty on 31 October 1969 and he was transferred to the U.S. Army Reserve Control Group (Annual Training). Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the:
* National Defense Service Medal
* Combat Infantryman Badge
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal (3rd Award) with V Device
* Air Medal
* Army Good Conduct Medal
6. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows the entries, "fragment wound to right arm on 22 July 1968 and fragment wound to right forearm on 16 August 1968."
7. Item 41 (Awards and Decorations) of his DA Form 20 lists the Purple Heart (2nd Award).
8. Army Regulation 600-8-22 (Military Awards) authorizes a bronze service star based on qualifying service for each campaign listed in appendix B and states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the Vietnam Service Medal.
9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit, 3rd Battalion, 39th Infantry, was cited for:
* Valorous Unit Award for the period 6-12 May 1968 by Department of the Army General Orders (DAGO) Number 43, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966 to 30 June 1968, by DAGO Number 31, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 28 June 1969, by DAGO Number 59, dated 1969
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant was wounded on two separate occasions during his service in Vietnam. General orders awarded him the Purple Heart for wounds received on 21 July 1968 and 6 February 1969. Therefore, he is entitled to correction to his DD Form 214 to show these awards.
2. He participated in four campaigns while serving in Vietnam. Therefore, he is entitled to one additional bronze service star to be affixed to his already-awarded Vietnam Service Medal.
3. General orders awarded him 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. Therefore, he is also entitled to correction of his DD Form 214 to show these unit awards.
4. In view of the foregoing, his records should be corrected as recommended below.
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:
a. deleting from Item 24 of his DD Form 214 the Vietnam Service Medal with three bronze service stars;
c. adding to item 24 of his DD Form 214 the:
* Purple Heart (2nd Award)
* Vietnam Service Medal with four bronze service stars
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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.
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