BOARD DATE:	  5 April 2011

		DOCKET NUMBER:  AR20100023727 


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 the Purple Heart.  If this request is approved, he requests two certified copies of the corrected DD Form 214.

2.  He states he was wounded on 4 July 1969, but the certificate for the Purple Heart was not issued until 12 October 1969.  He received the certificate and medal, but did not receive a copy of the orders.

3.  He provides copies of his:

* DD Form 214
* DD Form 256A (Honorable Discharge Certificate)
* Purple Heart Certificate

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 16 January 1968.  Following initial entry training, he was awarded military occupational specialty 67N (UH-1 Helicopter Repairer) and assigned for duty in Vietnam.  He was honorably released from active duty on 20 August 1969 and transferred to the U.S. Army Reserve to complete his military service obligation.

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 31 (Foreign Service) he served in Vietnam from 22 July 1968 through 19 August 1969
* item 38 (Record of Assignments) he was assigned for duty in Vietnam with the 190th Assault Helicopter Company from 25 July 1968 to 14 August 1969

4.  Item 40 (Wounds) of his DA Form 20 is blank.  Item 41 (Awards and Decorations) does not show the Purple Heart.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Republic of Vietnam Campaign Medal
* Army Commendation Medal with "V" Device
* Army Good Conduct Medal
* Republic of Vietnam Gallantry Cross with Bronze Star

6.  A memorandum from the Department of the Army Office of the Adjutant General, dated 30 April 1971, subject:  Transmittal of Award Elements, shows he was awarded the Purple Heart as announced in General Orders Number 37, issued by Headquarters, 12th Aviation Group (Combat), on 12 October 1969.

7.  A review of his records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

8.  The record shows he received multiple awards of the Air Medal (AM).

* General Orders Number 5892, issued by Headquarters, 1st Aviation Brigade, on 26 August 1968 awarded him the AM for the period 28 July to 1 August 1968
* General Orders Number 4370, issued by the same headquarters on 3 September 1969 awarded him the 1st through 38th Oak Leaf Cluster for wear on the AM for the period 2 August 1968 to 22 June 1969

9.  Army Regulation 600-8-22 (Military Awards) states Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the AM.  The numeral 2 denotes the second award of the AM.

10.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  His service in Vietnam coincides with four campaigns:

* Vietnam Counteroffensive Phase V (1 July-1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* Tet 69 Counteroffensive 1969 (23 February-8 June 1969)
* Vietnam Summer-Fall 1969 (9 June-31 October 1969)

11.  Special Orders Number 167, issued by Headquarters, U.S. Army Aviation School, on 26 June 1968 awarded him the Expert Marksmanship Qualification Badge with Rifle Bar.

12.  Special Orders Number 273, issued by Headquarters, 145th Combat Aviation Battalion, on 15 October 1968 permanently awarded him the Aircraft Crew Member Badge (now known as the Aviation Badge).

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  The pamphlet shows the 190th Assault Helicopter Company (formally named the 190th Aviation Company) was cited for award of the:

* Meritorious Unit Commendation for the period 9 August 1967 to 27 July 1968 by Department of the Army General Orders (DAGO) Number 48, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 May 1969 to 15 May 1970 by DAGO Number 55, dated 1971

14.  DAGO Number 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.

15.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It stated that for item 24 to enter all decorations, service medals, campaign credits, and badges awarded or authorized.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows general orders announced award of the Purple Heart to the applicant.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  General orders announced 39 awards of the AM to the applicant.  Therefore, he is entitled to correction of his DD Form 214 to show the AM with Numeral 39.

3.  He was awarded the VSM and he participated in four campaigns.  Therefore, he is entitled to correction of his DD Form 214 to show award of four bronze service stars for wear on the previously-awarded VSM.

4.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar and Aircraft Crew Member Badge.  Therefore, he is entitled to correction of his DD Form 214 to show these badges (but the latter badge to be listed as the Aviation Badge).

5.  General orders confirm his unit received the Meritorious Unit Commendation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation for periods when he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

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 VSM from item 24 of his DD Form 214 and

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

* Purple Heart
* AM with Numeral 39
* VSM with four bronze service stars
* Expert Marksmanship Qualification Badge with Rifle Bar
* Aviation Badge
* Meritorious Unit Commendation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* 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)                                         AR20100023727



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100023727



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1