IN THE CASE OF:	

		BOARD DATE:	  29 December 2009

		DOCKET NUMBER:  AR20090012822 


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 award of the Purple Heart and the location and date of his wounding.

2.  The applicant states that he was wounded in action on 2 January 1966 and he was awarded the Purple Heart on 22 March 1966, but it is not listed on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 for the period ending 
31 August 1966; and a copy of a certificate, dated 22 March 1966, showing award of the Purple Heart in support of his request.

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 records show he enlisted in the Regular Army (RA) for a period of 3 years on 1 September 1963.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was honorably released from active duty on 31 August 1966 in the rank/grade of specialist four (SP4)/E-4 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) for completion of his Reserve obligation.

3.  The applicant's records show that he served in Okinawa from on or about 2 March 1964 to 4 May 1965.  He also served in the Republic of Vietnam from on or about 5 May 1965 to on or about 3 April 1966.  He was assigned to B Company, 2nd Battalion (Airborne), 503rd Infantry, 173rd Airborne Brigade.

4.  Item 26 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Parachutist Badge, Expert Marksmanship Qualification Badge with Rifle Bar (M-1 and M-16) and Machinegun Bar (M-60), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), National Defense Service Medal, Vietnam Service Medal, and the Combat Infantryman Badge.  Item 24 does not show award of the Purple Heart.

5.  Headquarters, U.S. Army Vietnam, General Orders Number 1659, dated 14 March 1966, show the applicant was awarded the Purple Heart for wounds received in connection with military operations against a hostile forced on
2 January 1966.

6.  Item 27 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 shows the entry "None."

7.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during the time of the applicant's assignment to the 2nd Battalion, 503rd Infantry, his unit was awarded the Presidential Unit Citation for service on 16 March 1966, based on Department of the Army General Orders Number 40, dated 1967; Meritorious Unit Commendation for service from 5 May 1965 to 4 May 1967, based on DAGO 
Number 48, dated 1968; and the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 5 May 1965 to 26 September 1970, based on DAGO Number 51, dated 1971.

9.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that during the applicant's tenure of service in the Republic of Vietnam he participated in the following campaigns:  Vietnam Defense Campaign (8 March 1965 to
24 December 1965) and the Vietnam Counteroffensive (25 December 1965 to
30 June 1966).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

10.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal, correctly known as the Republic of Vietnam Campaign Medal with Device (1960).  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

11.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It stated that for item 27, enter chronologically wounds received as a result of enemy action during the period covered by the DD Form 214 being prepared.  Show both date and place of action if recorded on records available at the time of separation.  The theater of operation in which the action occurred may be entered if exact location is not recorded.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Purple Heart for wounds received in action on 2 January 1966, which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.


2.  General orders awarded the applicant’s unit the Presidential Unit Citation, Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

3.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show he participated in two campaigns while serving in the Republic of Vietnam, which are not shown on his records.  Therefore, he is entitled to award of two bronze service stars for wear on his already-awarded Vietnam Service Medal.

4.  The evidence of record shows the applicant served a qualifying period of service in Vietnam for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, he is entitled to correction of his records to show this award.

5.  Based on the applicant's award of the Purple Heart he is entitled to correction of item 27 of his DD Form 214 to show the entry "Vietnam, 2 January 1966," indicating the theater of operation and date of his wounding.

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.  deleting from item 26 of his DD Form 214 the Vietnam Service Medal;

	b.  adding to item 26 of his DD Form 214 the Purple Heart, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Presidential Unit Citation, Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

   c.  deleting from item 27 of his DD Form 214 the entry "None" and replacing it with the entry "Vietnam, 2 January 1966."



      ___________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)                                         AR20090012822



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ABCMR Record of Proceedings (cont)                                         AR20090012822



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