IN THE CASE OF:	  

		BOARD DATE:	    21 October 2010

		DOCKET NUMBER:  AR20100012060 


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 (Certificate of Release or Discharge from Active Duty) to show award of the Purple Heart.  Additionally, he requests that his DD Form 214 be corrected so that everything is listed correctly.

2.  The applicant states he was wounded on 5 July 1970 in Song Mao, Vietnam.

3.  The applicant provides a copy of a Standard Form (SF) 600 (Chronological Record of Medical Care) and a notarized personal witness statement. 

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 that after having prior active service with the U.S. Navy, on 12 June 1967 he was inducted into the Army of the United States for a period of 2 years.  Upon completion of the training requirements he was awarded military occupational specialty 11B (Light Weapons Infantryman).  He was honorably discharged for the purpose of immediate reenlistment.  He reenlisted and he continued to serve on active duty through several reenlistments and promotions.  His DD Form 214 shows he was retired on 30 April 1987 in the rank of sergeant first class after completing more than 20 years of honorable service. 

3.  Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) and Item 18 (Remarks) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon (Numeral 3), Combat Infantryman Badge, Vietnam Service Medal, Army Achievement Medal (1st Oak Leaf Cluster), Army Commendation Medal (General Orders 1134, dated 
15 September 1970), Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Noncommissioned Officer Professional Development Ribbon (Numeral 2), Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Army Good Conduct Medal (5th Award), Army Commendation Medal (Permanent Orders 54-4, dated 16 May 1979) and the Purple Heart.   

4.  A review of the applicant's records indicates he served two tours of duty in the Republic of Vietnam.  His first tour was from 12 November 1967 through 
10 December 1968 and he served with Company B, 1st Battalion, 14th Infantry, 4th Infantry Division.  His second tour was from 3 October 1969 to 3 May 1971 and he served with A Troop, 2nd Squadron, 1st Cavalry.  

5.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.

6.  The applicant's name appears on the Vietnam Casualty Roster as receiving battle wounds from hostile action on 5 July 1970.

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


8.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards and campaign periods for the Vietnam era.  Nine designated campaigns coincide with the applicant's period of service in the RVN:

Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
TET Counteroffensive (30 January - 1 April 1968)
Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
Sanctuary Counteroffensive (1 May - 30 June 1970)
Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

9.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is awarded for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  It also provides, in pertinent part, that a silver service star will be worn in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his records to show award of the Purple Heart was carefully considered. 

2.  Item 18 of his DD Form 214 for period ending 30 April 1987 shows he was awarded the Purple Heart.  An extract of the Vietnam Casualty Roster confirms the date for award of the Purple Heart was 5 July 1970.  Absent orders, it would be safe to presume this is the Purple Heart in question.  Therefore, no correction is required and the issue will not be further discussed in this Recording of Proceedings.

3.  The applicant's DD Form 214 contains two entries for award of the Army Commendation Medal.  It would be appropriate to amend his DD Form 214 to show he was awarded the Army Commendation Medal (1st Oak Leaf Cluster).

4.  The applicant was awarded the Vietnam Service Medal.  His records show he participated in 9 campaigns while serving in Vietnam.  He is entitled to award of one silver service stars and four bronze service stars for wear on the previously-awarded Vietnam Service Medal.


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 13 of his DD Form 214 for the period ending 30 April 1987 the two Army Commendation Medals and the Vietnam Service Medal; and 

b.  adding to item 13 of his DD Form 214 for the period ending 30 April 1987 the:

* Army Commendation Medal (1st Oak Leaf Cluster)
* Vietnam Service Medal with one bronze service stars and 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)                                         AR20100012060



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ABCMR Record of Proceedings (cont)                                         AR20100012060



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