IN THE CASE OF:
BOARD DATE: 19 June 2012
DOCKET NUMBER: AR20110024837
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 (Certificate of Release or Discharge from Active Duty) for the period ending on 30 June 1992 to show award of the Purple Heart.
2. The applicant states his Purple Heart is shown on his first two DD Forms 214 but not on his final DD Form 214.
3. The applicant provides his:
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 11 May 1971
* DD Form 214 (Report of Separation from Active Duty) for the period ending 9 May 1977
* DD Form 214 for the period ending 30 June 1992
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's records show he was inducted into the Army of the United States on 11 June 1969 and he held military occupational specialties 05C (Radio Teletype Operator), 19Z (Armor Senior Sergeant), and 31Z (Communications Operations Chief). He served in Vietnam as follows:
* 7 November 1969 - 3 March 1970, assigned to the 2nd Battalion, 2nd Infantry Regiment
* 25 March - 26 May 1970, assigned to the 1st Squadron, 11th Armor Cavalry Regiment (ACR)
* 27 May - 14 June 1970, assigned as a patient to the U.S. Army Vietnam Patient Casualty Company
* 15 June - 24 October 1970, assigned to the 1st Squadron, 11th ACR
3. He was discharged for the purpose of immediate reenlistment on 11 May 1971. He completed 1 year, 11 months, and 1 day of creditable active service during this period of service.
4. The DD Form 214 he was issued for this period of service shows award of the Purple Heart.
5. On 12 May 1971, he enlisted in the Regular Army (RA) and on 9 May 1977 he was discharged for the purpose of immediate reenlistment. He completed 5 years, 11 months, and 28 days of creditable active service during this period service, and had 1 year, 11 months, and 1 day of prior active service for a total of 7 years, 10 months, and 29 days.
6. The DD Form 214 he was issued for this period of service shows award of the Purple Heart.
7. He reenlisted in the RA on 10 May 1977. He served through several reenlistments and/or extension in staff and leadership positions. He was promoted to the rank of master sergeant on 1 September 1985.
8. He was honorably retired from active duty on 30 June 1992 and placed on the Retired List on 1 July 1992. He completed 23 years of creditable active service.
9. The DD Form 214 he was issued for the period ending 30 June 1992 does not show award of the Purple Heart.
10. Item 9 (Awards, Decorations & Campaigns) of his DA Form 2-1 (Personnel Qualification Record) shows award of the Purple Heart.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms the applicant's DD Forms 214 for the periods ending 11 May 1971 and 9 May 1977 show award of the Purple Heart. It appears an error was made when his final DD Form 214 was prepared omitting the Purple Heart. Therefore, he is entitled to correction of his DD Form 214 for the period ending 30 June 1992 to show award of the Purple Heart.
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 amending his DD Form 214 for the period ending 30 June 1992 to show award of the Purple Heart.
_______ _ __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) AR20110024837
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ABCMR Record of Proceedings (cont) AR20110024837
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