IN THE CASE OF:	  

		BOARD DATE:	  10 February 2009

		DOCKET NUMBER:  AR20080012880 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Purple Heart, the Republic of Vietnam Gallantry Cross with Silver Star, the Presidential Unit Citation and any other awards or decorations to which he is entitled.

2.  The applicant states, in effect, that he was awarded the Purple Heart by the 67th Evacuation Hospital for wounds sustained while serving in the Republic of Vietnam.  The applicant also states that he was awarded the Republic of Vietnam Gallantry Cross with Silver Star for his personal actions while serving in the Republic of Vietnam.  The applicant further states that his unit was awarded the Presidential Unit Citation for its accomplishments in the Republic of Vietnam during his period of assignment.  The applicant continues that although he is entitled to the aforementioned awards and decorations, they are not annotated on his DD Form 214.

3.  The applicant provides copies of an order and a certificate for award of the Purple Heart; orders awarding the Republic of Vietnam Gallantry Cross with Silver Star; text of the citation awarding his unit the Presidential Unit Citation; his DA Form 20 (Enlisted Qualification Record); his DD Form 214; and a letter from the National Service Officer of the Disabled American Veterans, National Service Office, as documentary evidence in support of this application.


COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests that careful consideration of all available evidence of record be used in rendering a fair and impartial decision on the applicant's request.

2.  Counsel states the applicant's record contains documentary evidence which supports each of the requested awards and decorations.

3.  Counsel provides no additional evidence in support of this application.

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 record shows that he was inducted into the Army of the United States on 21 December 1965.  He completed basic combat and advanced individual training.  Upon completion of advanced individual training, he was awarded the military occupational specialty 11B (Light Weapons Infantryman).  The highest rank he attained while serving on active duty was specialist four (SP4)/pay grade E-4.  The applicant was released from active duty and transferred to the United States Army Reserve Control Group (Annual Training) effective 7 November 1967.

3.  Item 31 (Foreign Service) of the applicant's DA Form 20 shows he served in the Republic of Vietnam during the period 22 September 1966 through 7 August 1967.  Item 38 (Record of Assignments) of this form shows that he served with Company C, 2nd Battalion, 22nd Infantry Regiment, 4th Infantry Division, during his tour of duty in the Republic of Vietnam.

4.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show award of the Purple Heart, the Republic of Vietnam Gallantry Cross with Silver Star, or the Presidential Unit Citation.
5.  Item 24 (Decorations, Medals, Badges, Commendation, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows award of the National Defense Service Medal, Vietnam Service Medal with one bronze service star, Vietnam Campaign Medal, Combat Infantryman Badge, and Army Commendation Medal.  This form does not show award of the Purple Heart, the Republic of Vietnam Gallantry Cross with Silver Star, or the Presidential Unit Citation.

6.  The Republic of Vietnam Casualty Roster shows the applicant was wounded as the result of hostile action on 12 January 1967.

7.  The applicant's record contains Headquarters, 12th Evacuation Hospital (SMBL) [Semi-Mobile], General Orders 11, dated 14 January 1967, which awarded the applicant the Purple Heart for wounds received in connection with military operations against a hostile force in the Republic of Vietnam on 12 January 1967.  The applicant provides a copy of the certificate commemorating his receipt of the Purple Heart, also dated 14 January 1967.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows unit awards received by units serving in the Republic of Vietnam.  This pamphlet also shows the unit the applicant was assigned to while serving in the Republic of Vietnam was cited for award of the Presidential Unit Citation for actions in the Republic of Vietnam on 31 March 1967 by Department of the Army General Order 59, dated 1968.  The applicant provides a copy of text from the citation awarding his unit the Presidential Unit Citation.

9.  United States Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) provided for processing of foreign awards and decorations presented to individuals and units.  This regulation, in pertinent part, governed award of the Republic of Vietnam Gallantry Cross as a personal decoration.  This decoration is awarded to personnel who have conducted themselves with heroic action and have displayed deeds of valor while fighting the enemy.  The more gallant and noteworthy the act, the higher the level of the award.  This decoration was awarded in four degrees: with Palm, with Gold Star, with Silver Star and with Bronze Star.  Approval to accept and to wear a personal award of the Republic of Vietnam Gallantry Cross required approval by the Commanding General of United States Army Vietnam.

10.  The applicant's record contains Republic of Vietnam, Armed Forces of the Republic of Vietnam, III Corps Tactical Zone, 25th Infantry Division, Office of the Adjutant General, Award Order 174/V3CT/CL/ADBT which awarded the applicant the Republic of Vietnam Gallantry Cross with Silver Star [as an individual award] for his actions during military operations against a hostile force in the Republic of Vietnam on 30 February 1967.  Headquarters, United States Army Vietnam, Memorandum, dated 7 January 1969, authorized the applicant to accept and wear this individual foreign award.

11.  Department of the Army Pamphlet 672-3 shows the unit the applicant was assigned to while serving in the Republic of Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions in the Republic of Vietnam during the period October 1966 through 1 August 1967 by Department of the Army General Order 59, dated 1968.  This pamphlet also shows the unit was cited for this award again for actions during the period 1 August 1967 through August 1968 by Department of the Army General Order 48, dated 1971.

12.  Department of the Army Pamphlet 672-3 shows the unit the applicant was assigned to while serving in the Republic of Vietnam was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for actions in the Republic of Vietnam during the period 1 August 1967 through 21 January 1970 by Department of the Army General Order 51, dated 1971.

13.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

14.  The applicant's records show he participated in two campaigns during his service in the Republic of Vietnam:  Vietnam Counteroffensive-Phase II and Vietnam Counteroffensive-Phase III.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his records should be corrected to show he was awarded the Purple Heart, the Republic of Vietnam Gallantry Cross with Silver Star, the Presidential Unit Citation and any other awards or decorations to which he is entitled were carefully considered and determined to have merit.

2.  General Orders awarded the applicant the Purple Heart for wounds received in connection with military operations against a hostile force while serving in the Republic of Vietnam on 12 January 1967.  Therefore, the applicant is entitled to have his records corrected to show this award.


3.  Evidence shows the applicant was authorized to accept and wear the Republic of Vietnam Gallantry Cross with Silver Star which was awarded to him by the Republic of Vietnam.  Therefore, he is entitled to have his records corrected to show this individual foreign award.

4.  General Orders show the applicant’s unit was awarded the Presidential Unit Citation during the applicant’s tenure of assignment.  Therefore, he is entitled to have his records corrected to show this unit award.

5.  General Orders show the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to have his records corrected to show this foreign unit award.

6.  General Orders show the applicant's unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to have his records corrected to show this foreign unit award.

7.  Records show that the applicant was awarded the Vietnam Service Medal.  Evidence shows that he participated in two campaigns during his service in the Republic of Vietnam.  Therefore, he is eligible for award of a second bronze service star to be affixed to his already-awarded Vietnam Service Medal with bronze service star.

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 to show award of:

	a.	the Purple Heart;

	b.	the Presidential Unit Citation;
	c.	the Republic of Vietnam Gallantry Cross with Silver Star;

	d.	the Republic of Vietnam Gallantry Cross with Palm Unit Citation;

	e.	the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and

	f.	a second bronze service star to be affixed to his already-awarded Vietnam Service Medal with bronze service star.



      _______ _   __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)                                         AR20080012880



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ABCMR Record of Proceedings (cont)                                         AR20080012880



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