IN THE CASE OF:	  

		BOARD DATE:	  19 May 2011

		DOCKET NUMBER:  AR20100027700 


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 and any unit awards/citations he is entitled to.

2.  The applicant states the Purple Heart is missing off his DD Form 214; however, it was awarded a few years later.

3.  The applicant did not provide any evidence. 

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 enlisted in the Regular Army on 14 June 1965.  He was trained in and awarded military occupational specialty 11B (Light Weapons Infantryman). He served in Vietnam as follows:

* from 22 November 1965 to 18 November 1966 with Company B,
2nd Battalion, 8th Cavalry, 1st Cavalry Division

* during this period of service in Vietnam, on 27 April 1966 he was transferred to the 7th Field Hospital in a patient status; he returned to his unit on 29 June 1966

* from 13 February 1968 to 22 May 1968 with Company C, 2nd Battalion, 505th Infantry

3.  He was honorably released from active duty on 4 June 1968 in the rank/grade of private first class (PFC)/E-3.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Parachutist Badge
* National Defense Service Medal
* Combat Infantryman Badge
* Vietnam Campaign Medal [with Device (1960)]
* Vietnam Service Medal

4. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not reflect a combat wound/injury, his medical records are not available for review with this case, and his service record does not contain general orders which awarded him the Purple Heart.

5.  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.  A review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing shows the applicant's name is listed as a casualty, on
21 February 1968 under casualty status code "23."  This casualty code refers to "hostile wounded in action, not serious, hospitalized."

7.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against and enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

8.  A review of his service record indicates his entitlement to additional awards which are not reflected on his records and/or DD Form 214.

9.  Special Orders Number 133, issued by Headquarters, 3rd Training Brigade, Fort Jackson, SC, dated 20 September 1965, awarded him the 2nd Class Gunner (Marksman) Marksmanship Qualification Badge with Machinegun Bar (M-60).

10.  Special Orders Number 139, issued by the same headquarters, dated
28 September 1965, awarded him the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-14).

11.  General Orders Number 216, issued by Headquarters, 1st Cavalry Division, dated 20 January 1967, awarded him the Army Commendation Medal for meritorious service from November 1965 to November 1966.

12.  Special Orders Number 56, issued by Headquarters, 101st Airborne Division, Fort Campbell, KY, dated 19 April 1967, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 2nd Battalion, 8th Cavalry, the unit to which the applicant was assigned, was cited for award of the:

* Presidential Unit Citation for the period 23 October through 26 November 1965 by Department of the Army General Orders (DAGO) Number 40, dated 1967
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 through 19 May 1969 by DAGO Number 59, dated 1969

14.  Department of the Army Pamphlet 672-3 shows Company B, 2nd Battalion, 8th Cavalry, the unit to which the applicant was assigned, was cited for award of the Valorous Unit Award for the period 16 through 17 May 1966 by DAGO Number 17, dated 1968.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 2nd Battalion, 505th Infantry, the unit to which the applicant was assigned, was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period
12 March through 4 October 1968 by DAGO Number 48, dated 1971

16.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star will be worn in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following five campaigns:

* Vietnam Defense Campaign (8 March 1965 - 24 December 1965)
* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)
* Vietnam Counteroffensive, Phase II (1 July 1966 - 31 May 1967)
* Tet Counteroffensive (30 January 1968 - 1 April 1968)
* Vietnam Counteroffensive, Phase IV (2 April 1968 - 30 June 1968)

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was transferred from his Vietnam unit of assignment to a field hospital on 29 April 1966 in what appears to be a combat injury.  His injury is further confirmed with an entry on the Vietnam casualty listing that shows he was injured on 21 February 1968 as a result of hostile action.  Therefore, he is entitled to correction of his DD Form 214 to show the award of the Purple Heart.

2.  General orders awarded him the Army Commendation Medal 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.  During his assignment in Vietnam, general orders awarded his units the Presidential Unit Citation, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his
DD Form 214 to show these unit awards.

4.  The evidence of record shows he participated in five campaign phases during his service in Vietnam.  Therefore, he is entitled to one silver service star for wear on his already-awarded Vietnam Service Medal and correction of his
DD Form 214 to show the silver service star.

5.  Special orders awarded him the:

* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Machinegun Bar
(M-60)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

These marksmanship qualification badges are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these weapons qualification badges.

BOARD VOTE:

____X____  ____X____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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
* Army Commendation Medal
* Vietnam Service Medal with one silver service star
* Presidential Unit Citation
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-14)
* 
Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)



____________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)                                         AR20100027700



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ABCMR Record of Proceedings (cont)                                         AR20100027700



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