IN THE CASE OF:
BOARD DATE: 1 September 2015
DOCKET NUMBER: AR20150000956
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 30 April 1987 to show award of the Purple Heart (PH).
2. The applicant states his DD Form 214 does not reflect his award of the PH.
3. The applicant provides:
* PH Certificate
* DD Forms 214 for the periods ending 5 August 1969, 7 May 1975, 29 June 1977, and 30 April 1987
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 applicant's complete military records are not available for review.
3. The available records show he enlisted in the Regular Army on 22 March 1967 for a period of 4 years. He served as a helicopter repairman in Vietnam from 2 October 1967 to 28 April 1969. On 5 August 1969, he was honorably discharged for immediate reenlistment. His DD Form 214 for the period ending 5 August 1969 shows he was awarded or authorized the:
* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* Aircraft Crewman Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* three overseas service bars
4. He reenlisted on 6 August 1969. He served as a helicopter repairman in Vietnam from 15 July 1970 to 9 February 1972. On 7 May 1975, he was honorably discharged for immediate reenlistment. His DD Form 214 for the period ending 7 May 1975 shows he was awarded or authorized the:
* NDSM
* Bronze Star Medal (BSM) with 1st Oak Leaf Cluster
* Air Medal (AM) with 1st Oak Leaf Cluster
* Army Commendation Medal (ARCOM)
* Army Good Conduct Medal (AGCM) (2nd Award)
* VSM
* Republic of Vietnam Campaign Medal with Device (1960)
* Aircraft Crewman Badge
* six overseas service bars
5. He reenlisted on 8 May 1975. He was honorably discharged in the rank of staff sergeant for appointment as a warrant officer on 29 June 1977. His DD Form 214 for the period ending 29 June 1977 shows he was awarded or authorized the:
* NDSM
* BSM with 1st Oak Leaf Cluster
* AM with 1st Oak Leaf Cluster
* ARCOM
* AGCM (3rd Award)
* VSM with one silver service star and four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Aircraft Crewman Badge
* six overseas service bars
6. He was appointed as a U.S. Army Reserve warrant officer one on 30 June 1977 with immediate orders to active duty. On 30 April 1987, he retired in the rank of chief warrant officer three. His DD Form 214 for the period ending 30 April 1987 shows he was awarded or authorized the:
* AM (2nd Award)
* BSM with 1st Oak Leaf Cluster
* ARCOM with 1st Oak Leaf Cluster
* Army Achievement Medal
* Meritorious Unit Citation with 3rd Oak Leaf Cluster
* Army Good Conduct Medal (3rd Award)
* NDSM
* VSM
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award)
* Senior Aircraft Crewman Badge
* Navy Unit Citation
* Presidential Unit Citation (Army)
* Valorous Unit Award
* Meritorious Service Medal
7. He provided a PH Certificate, dated 2 October 1987, which shows he was awarded the PH for wounds received in action on 12 April 1969 in Vietnam.
8. His records contain U.S. Army Military Personnel Center, Permanent Orders 169-3, dated 2 October 1987, awarding him the PH for wounds received in action on 12 April 1969 in Vietnam.
DISCUSSION AND CONCLUSIONS:
1. Permanent orders show the applicant was awarded the PH for wounds received in action on 12 April 1969 in Vietnam. Therefore, his DD Form 214 for the period ending 30 April 1987 should be corrected to show this award.
2. His DD Form 214 for the period ending 30 April 1987 shows the VSM as an authorized award. However, his DD Form 214 for the period ending 29 June 1977 shows he was authorized award of the VSM with one silver service star and four bronze service stars. Therefore, his DD Form 214 for the period ending 30 April 1987 should be corrected to show this silver service star and bronze service stars.
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 award of the VSM from his DD Form 214 for the period ending 30 April 1987 and
b. adding award of the PH and VSM with one silver service star and four bronze service stars to his DD Form 214 for the period ending 30 April 1987.
_______ _ _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) AR20150000956
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ABCMR Record of Proceedings (cont) AR20150000956
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