IN THE CASE OF:
BOARD DATE: 5 June 2012
DOCKET NUMBER: AR20110024059
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 (Report of Separation from Active Duty) to show award of the Purple Heart (3d Award).
2. The applicant states he has three Purple Heart awards, not two as shown on his DD Form 214.
3. The applicant provides a copy of the DD Form 214 and the certificate for his first Purple Heart award and the orders and certificates for the second and third awards.
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 available records show the applicant entered active duty on 9 May 1967. He completed training as a helicopter pilot and was awarded the primary specialty of 100EO, AH-1G Pilot.
3. He was honorably released from active duty effective 2 January 1978 as a chief warrant officer three (CW3). He had completed 10 years, 7 months, and
24 days of net active service during the period covered by the DD Form 214 along with 1 year and 19 days of prior active service.
4 His DD Form 214 shows in:
a. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the Army Aviation Badge, Senior Army Aviation Badge, National Defense Service Medal, Good Conduct Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Bronze Star Medal, Air Medal (29th Award), Purple Heart (2d Award), Meritorious Unit Commendation (2 Awards), Republic of Vietnam Gallantry Cross with Palm Unit Citation (3 Awards), and the Army Commendation Medal (3 Awards).
b. Item 19 (Indochina or Korea Service since 5 August 1964 the "Yes" Block is checked and the dates 16 June 1967-24 May 1968 and 13 July 1970-16 April 1971 are shown.
5. The applicant provided the orders and a certificate showing he was awarded the Purple Heart (3d Award) for wounds received in action on 22 February 1968. He also provided certificates and orders showing he had received 2 previous awards of the Purple Heart.
DISCUSSION AND CONCLUSIONS:
The applicant has provided the orders and a certificate showing he was awarded the Purple Heart (3d Award) for wounds received in action, in Vietnam, on
22 February 1968. His DD Form 214 should be 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 Purple Heart (3rd Award) to item 26 of his DD Form 214 for the period ending 2 January 1978.
____________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) AR20100006875
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110024059
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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