BOARD DATE:	  15 April 2010

		DOCKET NUMBER:  AR20090015012 


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 all of his awards, including the Silver Star and two additional Purple Hearts, and to show his blood type as A Positive.

2.  The applicant states that he was awarded the Silver Star and three Purple Hearts.  He realized at a 2008 unit convention that his DD Form 214 was not right.

3.  The applicant provides no substantiating documents.

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 was inducted into the Army of the United States on 7 December 1966.  He completed basic combat and advanced individual training and awarded military occupational specialty (MOS) 11B (infantryman).

3.  He was assigned to C Company, 1st Battalion, 12th Cavalry, 1st Cavalry Division in Vietnam on 26 May 1967 where he served until he was medically evacuated to the United States on 14 May 1968.

4.  Available orders show the following:

*  Headquarters, 1st Cavalry Division (Airmobile), Special Orders
Number 205, dated 24 July 1967, awarded him the Combat Infantryman Badge.

* Headquarters, 1st Cavalry Division, General Orders Number 6313, dated
15 October 1967, awarded him the Air Medal for the period May 1967 to October 1967.

* Headquarters, 1st Cavalry Division, General Orders Number 2987, dated
9 May 1968, awarded him the Bronze Star Medal for meritorious service for the period May 1967 to May 1968.

* Headquarters, 1st Cavalry Division, General Orders Number 3304, dated
10 May 1968, awarded him the Purple Heart for wounds sustained in action on 3 May 1968.

5.  The applicant was seriously wounded on 3 May 1968 when he was hit in the right eye by shrapnel.  This resulted in his medical evacuation and his retirement due to physical disability.

6.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Silver Star or any additional awards of the Purple Heart pertaining to the applicant.

7.  On 30 September 1968 he was separated from active duty by reason of temporary disability and placed on the Temporary Disability Retired List (TDRL) in pay grade E-5.

8.  Block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, Republic of Vietnam Campaign Medal with Device (1960), one Overseas Service Bar, Bronze Star Medal, and the Purple Heart.

9.  The only reference to his blood type in the available service or medical records is in Block 30 (Remarks) of his DD Form 214 which shows his blood group as "A Negative."
10.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  Item 29 (Qualification in Arms) he qualified as a Sharpshooter with the
M-14 Rifle on 31 January 1967, as Expert with the M-60 Machine Gun on 23 March 1967, and as Marksman with the M-16 Rifle on 16 March 1967;

	b.  Item 31 (Foreign Service) – USARPAC [U.S. Army Pacific], Vietnam from 26 May 1967 through 20 May 1968;

	c.  Item 39 (Campaigns) -  is blank;

	d.  Item 40 (Wounds) -  "Penetrating FW R [Fragmentation Wound Right]. Eye"; and

	e.  Item 41 (Awards and Decorations) – list the same awards as shown in block 24 of the DD Form 214.

11.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam.  During the applicant’s tour in Vietnam he participated in three campaign periods: Vietnam Counteroffensive, Phase II (1 July 1966 -
31 May 1967); Vietnam Counteroffensive, Phase III (1 June 1967 - 29 January 1968); and TET Counteroffensive (30 January 1968 – 1 April 1968).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

12.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his assignment to 1st Battalion, 12th Cavalry the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 - 19 May 1969 by Department of the Army General Orders (DAGO) Number 56, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states that he was awarded the Silver Star and three Purple Hearts.  He realized at a 2008 unit convention that his DD Form 214 was not right.
2.  The applicant was awarded the Air Medal.

3.  He qualified as a Sharpshooter with the M-14 Rifle, as an Expert with the
M-60 Machinegun, and as a Marksman with the M-16 Rifle.

4.  He earned three bronze service stars for wear on his already-awarded Vietnam Service Medal.

5.  He is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

6.  The above awards should be added to his DD Form 214.

7.  There is no available evidence to substantiate that the applicant was awarded the Silver Star or more than one Purple Heart, or was wounded more than once.

8.  Except for the DD Form 214, his blood type is not shown in the available service or medical records.

9.  In view of the foregoing findings and conclusions, it would be appropriate to rectify this injustice by correcting the applicant’s records as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ___x_____  ___x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  deleting from Block 24 of his DD Form 214 the Vietnam Service Medal; and
   
   
   b.  adding to Block 24 of his DD Form 214 the Air Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Expert Marksmanship Qualification Badge with Machinegun Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application as pertains to adding to Block 24 of his DD Form 214 the Silver Star and two additional Purple Hearts, and that his blood type is A Positive.



      __________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)                                         AR20090015012



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ABCMR Record of Proceedings (cont)                                         AR20090015012



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