RECORD OF PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:            25 MARCH 2004                  
	DOCKET NUMBER:   AR2003091997

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Thomas E. O'Shaughnessy, Jr.		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests that his award of the Purple Heart be added to his separation document.  In a subsequent application he also requested, in effect, that his Army Commendation Medal with “V” device be added to the separation document as well.

2.  The applicant states, in effect, that the awards were omitted from his separation document.

3.  The applicant provides copies of the award certificates and orders confirming his entitlement to both awards.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error which occurred on 12 May 1970.  The applications submitted in this case are dated 21 May 2003 and 
29 August 2003.  

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  Records available to the Board indicate that the applicant was inducted and entered active duty on 13 May 1968.  He was trained as an infantryman and in October 1968 he was assigned as a rifleman with the 5th Battalion, 60th Infantry.

4.  According to medical documents, messages, and orders contained in his file, he was wounded as a result of hostile action on 14 January 1969 and awarded the Purple Heart.  Orders issued by the 1st Infantry Division confirmed the award. The award was omitted from this separation document.

5.  As a result of the applicant’s heroic actions on 14 January 1969, he was also awarded the Army Commendation Medal with “V” device.  Orders issued by the 1st Infantry Division also confirmed that award.  It was also omitted from his separation document.

6.  As a result of the applicant’s combat wounds, he was evacuated from Vietnam on 19 January 1969 and ultimately returned to duty at Fort Jackson, South Carolina in April 1969.  On 12 May 1970 he was released from active duty with an honorable characterization of service.

7.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) notes the applicant’s unit was credited with participating in two designated campaigns (Vietnam Consolidation IV and V) during the applicant’s period of assignment.  Two bronze service stars on the Vietnam Service Medal, which is recorded on his separation document, should reflect his campaign participation.  The unit was also awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his tenure with the organization.  The unit awards were omitted from his separation document.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms the applicant was awarded the Purple Heart and Army Commendation Medal with “V” device.  His records should be corrected accordingly.

2.  The evidence also confirms that the applicant is entitled to two bronze service stars on his Vietnam Service Medal, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

BOARD VOTE:

__LLS___  __LE ___  __TEO __  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing:

a.  he was awarded the Purple Heart and Army Commendation Medal with “V” device; and

b.  he is entitled to two bronze service stars on his Vietnam Service Medal, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

		___ Luther L. Santiful______
		        CHAIRPERSON

INDEX

CASE ID	AR2003091997	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20040325	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.