BOARD DATE:	  4 November 2010 

		DOCKET NUMBER:  AR20100013784 


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 (Report of Transfer or Discharge) to show award of the Purple Heart.

2.  The applicant states the Purple Heart was not added to his DD Form 214. 

3.  The applicant provides a copy of his:

* DD Form 214
* General orders for 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 military records are not available for review.  However, this case is being considered using reconstructed records which primarily consists of the records provided by the applicant.

3.  The applicant's DD Form 214 shows:

* he was inducted into the Army of the United States on 27 July 1966
* his military occupational specialty was 64A (light vehicle driver)
* he apparently served in Vietnam for 10 months and 6 days as indicated in item 22c (Foreign and/or Sea Service)
* award of the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Marksman Marksmanship Qualification Badge with Rifle Bar in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized)
* he was released from active duty on 28 May 1968 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation

4.  The applicant's inclusive dates of service in Vietnam are not available.

5.  Headquarters, 85th Evacuation Hospital (SMBL) General Orders Number 38, dated 26 March 1968, show the applicant was awarded the Purple Heart on
23 March 1968 for wounds received in action in Vietnam.  These orders show the applicant was assigned to the 444th Transportation Company, 8th Transportation Group.

6.  The Vietnam Casualty Reference Name Listing contains the applicant's name with a casualty code of 23 which indicates he was "hostile wounded in action - not serious - hospitalized" on 23 March 1968.

7.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in at least the following two campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* TET Counteroffensive (30 January - 1 April 1968)


8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that at the time of his assignment to the 444th Transportation Company his unit was cited for award of the:

* Meritorious Unit Commendation for the period 2 September 1967 -
31 March 1968, by Department of the Army General Orders (DAGO) 31, dated 1969
* Republic of Vietnam Gallantry Cross with Gold Star for the period 19 October 1966 - 24 April 1971, by DAGO 27, dated 1972

9.  DAGO 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the Purple Heart for wounds received in action on 23 March 1968, as corroborated by his name on the Vietnam casualty listing.  Therefore, his DD Form 214 should be corrected to show this award.

2.  Although the applicant’s inclusive dates of service in Vietnam are not available, evidence of record shows he participated in at least two designated campaign phases while in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal.

3.  The applicant's unit was cited for the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Gold Star while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show these unit awards.

4.  DAGO 8, dated 1974, authorized all units the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the applicant's assignment to Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show this unit citation.


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 Vietnam Service Medal; and

	b.  adding to item 24 of his DD Form 214 the Purple Heart, Vietnam Service Medal with two bronze service stars, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Gold Star, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.


      __________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)                                         AR20100013784



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ABCMR Record of Proceedings (cont)                                         AR20100013784



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