RECORD OF PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            DECEMBER 18, 2003                  
	DOCKET NUMBER:   AR2003090047

	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. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. James E. Anderholm		Member	
	Ms. Yolanda Maldonado		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 records be corrected to reflect award of the Purple Heart.

2.  The applicant states he was wounded on 16 June 1968 while stationed in Vietnam, however, the award of the Purple Heart is not reflected on his separation document.

3.  The applicant provides no evidence in support of his application.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error which occurred on 13 March 1970.  The application submitted in this case is dated 14 April 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 the applicant was a member of the Army National Guard when he enlisted and entered active duty as a Regular Army Soldier on 13 February 1962.  He was discharged for the purpose of immediate reenlistment in April 1964.

4.  In October 1967, after two tours of duty in Germany, the applicant was assigned to Vietnam as a hatch foreman with the 567th Transportation Company. In January 1968 he was reassigned to the 10th Transportation Company.

5.  On 16 June 1968 the applicant "was slightly wounded in Vietnam" as a result of hostile action.  A Western Union telegram and numerous service medical records contained in his Official Military Personnel File confirmed the wound.  His award of the Purple Heart was confirmed in orders issued by the United States Army Support Command, Saigon.  The award, however, was omitted from his separation document.

6.  The applicant remained in Vietnam until March 1969 when he was medically evacuated because of an ulcer.

7.  Following the applicant's return to duty after treatment for his ulcer, he was assigned to Camp Roberts, California where he remained until 11 March 1970 when he was honorably discharged.  His separation document reflects award of two Army Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, and qualification as a sharpshooter with the rifle.

8.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) notes the applicant was credited with participating in six designated campaigns (Vietnam Counteroffensive Phases III, IV, V, and VI, TET Counteroffensive and TET 69 Counteroffensive).  His campaign participation should be reflected as one silver service star and one bronze service star on his Vietnam Service Medal.  He was also assigned to the 10th Transportation Company when it was awarded a Meritorious Unit Commendation and he is also entitled to a Republic of Vietnam Gallantry Cross Unit Citation.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms that the applicant was awarded the Purple Heart.

2.  The evidence also confirms that he is entitled to one silver service star and one bronze service star on his Vietnam Service Medal denoting participation in six designated campaign periods, the Republic of Vietnam Gallantry Cross Unit Citation, and a Meritorious Unit Commendation.

BOARD VOTE:

__RVO__  __JEA __  ___YM __  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

b.  he is entitled to one silver service star and one bronze service star on his Vietnam Service Medal denoting participation in six designated campaign periods, the Republic of Vietnam Gallantry Cross Unit Citation, and a Meritorious Unit Commendation. 

		Raymond V. O'Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR2003090047	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20031218	
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.