BOARD DATE:	  12 January 2010

		DOCKET NUMBER:  AR20090013325 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to add the Purple Heart 1st Oak Leaf Cluster (2nd Award) and Army Commendation Medal (ARCOM).  

2.  The applicant states, in effect, that his DD Form 214 should reflect a second award of the PH (PH 1st Oak Leaf Cluster) and the ARCOM he earned.  

3.  The applicant provides his DD Form 214, PH 1st Oak Leaf Cluster certificate and orders, and ARCOM orders and citation in support of his 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 he was inducted into the Army of the United States and entered active duty on 11 October 1967.  It also shows he was trained in, awarded, and served in military occupational specialty (MOS) 91B (Medical Aidman).  

3.  The applicant's Military Personnel Record Jacket (MPRJ) contains Headquarters, 4th Infantry Division General Orders (GO) Number (#) 4599, dated 
17 August 1968, which awarded him the PH for wounds he received in action in the Republic of Vietnam (RVN) on 6 August 1968.  It also contains Headquarters, 4th Infantry Division GO # 917, dated 31 March 1969, which awarded him the ARCOM for meritorious service in the RVN from April 1968 through April 1969.  The ARCOM orders show he was assigned to Headquarters and Headquarters Troop (HHT), 1st Squadron, 10th Cavalry Regiment.  

4.  On 10 October 1969, the applicant was honorably released from active duty.  The DD Form 214 he was issued at the time confirms he completed a total of 2 years of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he earned the following awards during his active duty tenure:  National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), RVN Campaign Medal (RVNCM), PH, and Combat Medical Badge (CMB).  

5.  During the processing of this case, a member of the Board’s staff reviewed the Department of the Army (DA) Vietnam Casualty Roster.  This search revealed two entries pertaining to the applicant that show he was twice wounded in action in the RVN, on 6 August 1968 and again on 31 August 1968.

6.  The applicant provides a copy of a PH certificate, dated 3 September 1968, which shows he was awarded the PH 1st Oak Leaf Cluster (2nd Award) for being wounded in action in the RVN on 31 August 1968.  He also provides ARCOM orders that confirm he was awarded the ARCOM for meritorious service in the RVN from April 1968 through April 1969, which serving with HHT, 1st Squadron, 10th Cavalry Regiment.  

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The instructions for preparing the DD Form 214 provide, in pertinent part, that all awards earned will be entered on the DD Form 214. 

8.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-13 contains guidance on the VSM and states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to September 1987.  It shows that during the applicant's tenure of assignment in the RVN, his unit (1st Squadron, 10th Cavalry Regiment) earned the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.  It also shows that during the period of his assignment, participation credit was granted for the Vietnam Counteroffensive, Phase IV (2 April 1968 — 30 June 1968), Vietnam Counteroffensive Phase V (1 July 1968 — 1 November 1968), Vietnam Counteroffensive Phase VI (2 November 1968 — 22 February 1969) and 
TET 69 Counteroffensive (23 February 1969 — 8 June 1969) campaigns.   

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should show that he earned the PH 1st Oak Leaf Cluster (2nd Award) and ARCOM was carefully considered and found to have merit.  The evidence of record confirms the applicant was twice wounded in action in the RVN, as evidenced by orders and certificates on file in his record and by entries on the Vietnam Casualty Roster, the official DA list of RVN battle casualties.  It also confirms he was awarded the ARCOM for meritorious service in the RVN from April 1968 to April 1969, as evidenced by orders on file in his record.  As a result, it would be appropriate to add these awards to the list of awards contained in item 24 of his DD Form 214 at this time. 

2.  The evidence of record also shows that based on his RVN service and campaign participation, he is eligible for the RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and 4 bronze service stars with his VSM.  Therefore, it would also be appropriate to add these awards to his DD Form 214.  


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 amending item 24 of his DD Form 214 by deleting the current Purple Heart and Vietnam Service Medal entries and replacing them with the entries "Purple Heart 1st Oak Leaf Cluster (2nd Award) and Vietnam Service Medal with 4 bronze service stars" and by adding the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and by providing him a correction to his DD Form 214 that includes these changes. 



												________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)                                         AR20090013325



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ABCMR Record of Proceedings (cont)                                         AR20090013325



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