BOARD DATE:	  1 July 2010

		DOCKET NUMBER:  AR20090021976 


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 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 correct dates of service in the Republic of Vietnam. 

2.  The applicant states he was awarded the Purple Heart but it is not listed on his DD Form 214.  He also states that he served in Vietnam from 21 November 1968 to 12 June 1969 and he was wounded on 2 May 1969; however, his DD Form 214 listed his exit date from Vietnam as 12 January 1969.  

3.  The applicant provides a copy of his DD Form 214, dated 26 June 1970; and a copy of a certificate, dated 5 May 1969, showing award of the Purple Heart.

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 on 26 June 1968 and held military occupational specialty 11B (Light Weapons Infantryman).  He served in the Republic of Vietnam from on or about 21 November 1968 to on or about 12 June 1969 and he was assigned to Company C, 3rd Battalion, 39th Infantry Regiment, 9th Infantry Division.

3.  He was honorably released from active duty on 26 June 1970 and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation.  His DD Form 214 shows the following entries:

	a.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, Air Medal, Army Commendation Medal (1st Oak Leaf Cluster), Bronze Star Medal with "V" Device, Vietnam Campaign Medal, Good Conduct Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

	b.  Item 30 shows he served in Vietnam from 21 November 1968 to 12 January 1969.

4.  Headquarters, 29th Evacuation Hospital, General Orders Number 101, dated 5 May 1969, awarded him the Purple Heart for wounds received in action on 2 May 1969 in the Republic of Vietnam.

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

6.  Headquarters, 9th Infantry Division, published the following orders:

	a.  General Orders Number 4475, dated 14 April 1969, awarding him the Army Commendation Medal for outstanding achievement from 5 December 1968 to 10 January 1969.

	b.  General Orders Number 4977, dated 26 April 1969, awarding him the Army Commendation Medal (First Oak Leaf Cluster) for outstanding achievement from 16 January 1968 to 28 March 1969.

	c.  General Orders Number 5285, dated 5 May 1969, awarding him the Army Commendation Medal with "V" Device and 2d Oak Leaf Cluster for heroism on 
7 April 1969.

7.  Headquarters, 2nd Advanced Individual Training Brigade, Fort Ord, CA, Special Orders Number 211, dated 10 October 1968, awarded him the Second Class Marksmanship Qualification Badge with Machinegun Bar (M-60).

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during the time of his assignment to Company C, 3rd Battalion, 39th Infantry, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation from 1 January 1969 to 30 June 1969 based on Department of the Army General (DAGO) Orders 59, dated 1969, and the Republic of Vietnam Civil Actions Honor Medal First Class Citation from 19 December 1966 to 28 June 1969 based on DAGO Orders 43, dated 1970.

9.  Item 24 of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.  Furthermore, Appendix B of Army Regulation 600-8-22 shows that he participated in the Vietnam Counteroffensive, Phase VI (2 November 1968 to 22 February 1969), TET 69 Counteroffensive (23 February 1969 to 8 June 1969), and Vietnam Summer-Fall 1969 (9 June 1969 to 31 October 1969 campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the Purple Heart and the correct date he left Vietnam.

2.  General orders awarded him the Purple Heart for wounds received in action in the Republic of Vietnam on 2 May 1968 which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  General orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Citation which are not shown on his records; therefore, he is entitled to correction of his records to show these unit awards.

4.  The evidence of record shows he was awarded the Vietnam Service Medal.  Additionally, records show he participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to three bronze service stars to be affixed to his Vietnam Service Medal.


5.  Special orders awarded him the Second Class Marksmanship Qualification Badge with Machinegun Bar (M-60) which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this badge.

6.  General orders awarded him three awards of the Army Commendation Medal, one for heroism one of which is not listed on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show three awards of the Army Commendation Medal.

7.  The evidence of record shows he served in Vietnam from 21 November 1968 to 12 June 1969.  However, his DD Form 214 incorrectly listed the ending date as 12 January 1969.  Therefore, he is entitled to correction of his DD Form 214 to show his correct dates of service in Vietnam as 21 November 1969 to 12 June 1969.

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 the entry "Army Commendation Medal (1st Oak Leaf Cluster)" from his DD Form 214;  

	b.  adding the Purple Heart, Army Commendation Medal (with "V" Device and with 2nd Oak Leaf Cluster), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Second Class Marksmanship Qualification Badge with Machinegun Bar (M-60), and three bronze service stars to be affixed to his already-awarded Vietnam Service Medal; and



	c.  deleting the entry "VN Service 21 Nov 68 - 12 Jan 69" from item 30 of his DD Form 214 and adding the entry "RVN Service 21 November 1968 - 12 June 1969." 



      _______ _ 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)                                         AR20090021976



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090021976



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1