BOARD DATE:	  8 December 2010

		DOCKET NUMBER:  AR20090010805 


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, that he be awarded the Purple Heart. 

2.  The applicant essentially states that he should have been awarded the Purple Heart in connection with military operations that occurred on 27 August 1967, but that there was an oversight by his command structure at the time.

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) that was issued to him on 2 April 1972 and orders, dated 15 May 1968, which awarded him the Bronze Star Medal with "V" (for Valor) Device 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 military records show that he enlisted in the Regular Army on 28 June 1965.  He completed initial entry training and was awarded military occupational specialty 05H (Morse Interceptor).  He was honorably discharged to accept a commission on 27 June 1966.

3.  After attending Officer Candidate School, he was commissioned as a second lieutenant on 28 June 1966 and entered active duty that date.  His officer career continued until he was honorably relieved from active duty on 2 April 1972.  His overseas service was comprised of two tours in Vietnam, the first from 8 November 1966 to 31 October 1967 with the 519th Military Intelligence Battalion and the 525th Military Intelligence Group.  The second tour was from 17 August 1970 to 8 July 1971 with Advisory Team 56, Civil Operations and Rural Development Support, IV Corps and Military Region 4.  The DD Form 214 that he was issued at the time of his relief from active duty essentially shows he was awarded the National Defense Service Medal, the Good Conduct Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with 1960 Device, the Combat Infantryman Badge, the Basic Parachutist Badge, the Republic of Vietnam Gallantry Cross with Bronze Star, Bronze Star Medal with "V" Device and First Oak Leaf Cluster, the Air Medal and four Overseas Service Bars.

4.  The applicant's military records do not show that he was awarded the Purple Heart, but they did contain orders, dated 15 May 1968, which awarded him the Bronze Star Medal with "V" Device for heroism in connection with ground operations against a hostile force in the Republic of Vietnam on 27 August 1967.  These orders show that while checking the perimeter defensive positions, the applicant was thrown to the ground and wounded by shrapnel when the command bunker received a direct hit by an enemy rocket.  The Vietnam Casualty Roster also has a corresponding entry showing the applicant was wounded in action on 27 August 1967.

5.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his DD Form 214.

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in 
Vietnam.  This document shows that at the time of the applicant’s assignment to the 519th Military Intelligence Battalion, the battalion was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 8, dated 1974.



7.  The applicant’s DD Form 214 shows that he was awarded the Vietnam Service Medal, but it does not show that he was awarded any service stars to signify campaign participation credit.  Paragraph 2-13 of Army Regulation
600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized to be worn with this award to represent each Vietnam campaign a member is credited with participating in and that a silver service star is authorized for participating in five campaigns.  Table B-1 contains a list of Vietnam campaigns, and it shows that during the applicant's two tours in Vietnam, he participated in the Vietnam Counteroffensive Phase II campaign, the Vietnam Counteroffensive Phase III campaign, the Vietnam Counteroffensive Phase VII campaign, and the Consolidation I campaign.

8.  The applicant's DD Form 214 does not show that he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar, but he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar by Headquarters, United States Army Security Agency Training Center and School, Fort Devens, Massachusetts Special Orders Number 126, dated 17 June 1970.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Purple Heart.

2.  The evidence of record clearly shows the applicant was wounded in action on 27 August 1967, but his military records do not show that he was awarded the Purple Heart.  Therefore, it would be appropriate at this time to award him the Purple Heart and correct his military records to show the award of the Purple Heart.

3.  General orders awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the 519th Military Intelligence Battalion while the applicant was assigned to his battalion.  Therefore, he is entitled to correction of his military records to show this unit citation.

4.  The applicant participated in four campaigns during his two tours in Vietnam; therefore, he is entitled to correction of his military records to show four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

5.  Special orders awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar, but it is not listed on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show the award of the Expert Marksmanship Qualification Badge with Rifle Bar.

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 by:

	a.  awarding him the Purple Heart for wounds received in action against the enemy in Vietnam on 27 August 1967 while serving as a first lieutenant; and

	b.  amending his DD Form 214 for the period ending 2 April 1972 to add the Purple Heart, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Expert Marksmanship Qualification Badge with Rifle Bar and to show he is authorized to wear four bronze service stars on his already-awarded Vietnam Service Medal.




      _______ _   ___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)                                         AR20090010805



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090010805



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1