RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 21 February 2008 DOCKET NUMBER: AR20070011466 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. Ms. Catherine C. Mitrano Director Mr. Michael L. Engle Analyst The following members, a quorum, were present: Ms. Margaret K. Patterson Chairperson Ms. Sherri V. Ward Member Mr. Jeffrey C. Redmann Member 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 correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Purple Heart. 2. The applicant states that he was awarded the Purple Heart and received the medal and certificate but it was never entered on his DD Form 214. 3. The applicant provides copies of his DD Form 214 and Purple Heart certificate. 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 military records are not available for review. However, there are sufficient documents available to conduct a fair and impartial review of this specific request. 3. On 7 September 1966, the applicant was inducted into the Army of the United States for 2 years. He was awarded military occupational specialty 11B4O (Light Weapons Infantryman). 4. Item 22c (Foreign and Sea Service) of the applicant’s DD Form 214 indicates that he served overseas for 1 year in the Pacific Theater. 5. The Vietnam Casualty Roster shows that the applicant was very seriously wounded as a result of enemy action on 3 February 1968, in the Republic of Vietnam. 6. The Purple Heart Award Certificate provided by the applicant indicates that he was wounded in action on 3 February 1968, in the Republic of Vietnam. 7. On 6 September 1968, the applicant was released from active duty. He had attained the rank of sergeant, pay grade E-5 and had completed 2 years of creditable active duty. 8. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, lists his awards as the National Defense Service Medal, Combat Infantryman Badge, Vietnam Service Medal with three bronze service stars, Vietnam Campaign Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. It does not show award of the Purple Heart. 9. The Awards and Decorations Computer Assisted Retrieval System (ADCARS) does not list orders awarding the applicant the Purple Heart. 10. Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. DISCUSSION AND CONCLUSIONS: 1. There are no available general orders that show the applicant was awarded the Purple Heart. However, the applicant's name is listed on the Vietnam Casualty Roster, and he has provided a copy of his Purple Heart award certificate that is in agreement with the entry on the Vietnam Casualty Roster. Therefore, the applicant's request to correct his records to show award of the Purple Heart should be granted. 2. Records show that the applicant served during a qualifying period for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, his records should be corrected to show this award. BOARD VOTE: __ MKP___ __SVW__ _JCR _ 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 showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Purple Heart and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. _ Margaret K. Patterson _ CHAIRPERSON INDEX CASE ID AR SUFFIX RECON YYYYMMDD DATE BOARDED YYYYMMDD TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) DATE OF DISCHARGE YYYYMMDD DISCHARGE AUTHORITY AR . . . . . DISCHARGE REASON BOARD DECISION (NC, GRANT , DENY, GRANT PLUS) REVIEW AUTHORITY ISSUES 1. 2. 3. 4. 5. 6.