IN THE CASE OF:	  

		BOARD DATE:	  12 October 2010

		DOCKET NUMBER:  AR20100011769 


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 add his award of the Purple Heart and award of the Combat Medical Badge.

2.  The applicant states, in effect, these awards are not shown on his DD Form 214, although he earned them. 

3.  The applicant provides a copy of his DD Form 214 and a copy of General Orders Number 1647, Headquarters, 5th Special Forces Group (Airborne), 1st Special Forces, dated 6 August 1970. 

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 11 August 1967, for a period of 3 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 91B (Medical Specialist).  He was honorably released from active duty on 31 July 1970 and transferred to the U.S. Army Reserve Control Group (Reinforcement), St. Louis, MO.

3.  His records show he served a tour of duty in the Republic of Vietnam (RVN) during the period 16 September 1969 through on or about 31 July 1970.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he was assigned to Headquarters and Headquarters Company, 5th Special Forces Group, 1st Special Forces, during his tour in Vietnam.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Bronze Star Medal with “V” Device, Bronze Star Medal (First Oak Leaf Cluster), Army Commendation Medal, Army Good Conduct Medal, RVN Campaign Medal with Device (1960), and the Parachutist Badge.

5.  General Orders Number 1647, Headquarters, 5th Special Forces Group (Airborne), 1st Special Forces, dated 6 August 1970, awarded the applicant the Purple Heart for wounds received in connection with military operations against a hostile force in Vietnam on 29 March 1970. 

6.  The applicant’s records contain a copy of Special Orders Number 125, Headquarters, 5th Special Forces Group (Airborne), 1st Special Forces, dated 
5 May 1970, awarding him the Combat Medical Badge (First Award).

7.  A review of the applicant's record reveals he is entitled to additional awards that are not shown on his DD Form 214.

8.  Department of the Army General Orders Number 48, dated 1971, awarded the 5th Special Forces Group the RVN Civil Actions Honor Medal First Class Unit Citation for the period January 1968 to 24 September 1970.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), paragraph 6d, states that Department of the Army General Orders Number 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to the following units:

* Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973
* Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973

10.  Army Pamphlet 672-3 lists the campaign periods for the Vietnam era.  Four designated campaigns coincide with the applicant's period of service:

* Vietnam Summer-Fall 1969 (9 June 1969 – 31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969 – 30 April 1970)
* DA Sanctuary Counteroffensive (1 May 1970 – 30 June 1970)
* Vietnam Counteroffensive, Phase VII (1 July 1970 – 30 June 1971)

11.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is awarded for each campaign listed in appendix B.  Authorized bronze service stars will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for correction of his records to add the Purple Heart and the Combat Medical Badge was carefully considered and was found to have merit.

2.  General orders awarded the applicant the Purple Heart for wounds received as a result of hostile action against an enemy on 29 March 1970.  Special Orders awarded the applicant the Combat Medical Badge.  Therefore, he is entitled to have these individual awards added to his DD Form 214.

3.  General orders awarded the applicant's unit the RVN Civil Actions Honor Medal First Class Unit Citation which is not shown in his records.  He is entitled to correction of his records to show this unit award.

4.  General orders awarded all units that served in Vietnam the RVN Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

5.  The applicant was awarded the Vietnam Service Medal.  His records show he participated in four campaigns while serving in the RVN.  He is entitled to award of four bronze service stars for wear on the already-awarded Vietnam Service Medal.

6.  The applicant’s records show he was awarded the Bronze Star Medal with “V” Device and the Bronze Star Medal (First Oak Leaf Cluster).  It would be appropriate to correct his DD Form 214 to combine the two awards to show he was awarded the Bronze Star Medal with “V” Device (First Oak Leaf Cluster).
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 24 of his DD Form 214 the Bronze Star Medal with “V” Device, Bronze Star Medal (First Oak Leaf Cluster), and the Vietnam Service Medal; and

	b.  adding to item 24 of his DD Form 214 the following awards:

* Purple Heart
* Combat Medical Badge
* Bronze Star Medal with “V” Device (First Oak Leaf Cluster)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Vietnam Service Medal with four bronze service stars




      __________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)                                         AR20100011769





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ABCMR Record of Proceedings (cont)                                         AR20100011769



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