BOARD DATE:	  14 June 2911

		DOCKET NUMBER:  AR20100029076 


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 that his awards of the Purple Heart, Purple Heart with 1st Oak Leaf Cluster (1OLC), and Vietnam Cross of Gallantry be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states his awards of the Purple Heart, Purple Heart with 1OLC, and Vietnam Cross of Gallantry are not reflected on his DD Form 214.

3.  The applicant provides copies of two general orders awarding him the Purple Heart and a five-page document that appears to be a Vietnamese order containing the names of 32 American Soldiers.

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 in Detroit, Michigan, on 7 October 1965.  He completed training as a combat engineer and was assigned to the 175th Engineer Company at Fort Devens, Massachusetts.

3.  On 15 July 1966, he was transferred to Vietnam with his unit which was assigned to the 196th Light Infantry Brigade.

4.  On 31 March 1967, he was wounded (fragmentation wounds to left knee) and was evacuated to the 36th Evacuation Hospital in Vung Tau where he was awarded the Purple Heart in General Order Number 23 issued by the 36th Evacuation Hospital on 2 April 1967.

5.  On 5 May 1967, General Order Number 447 issued by Headquarters, 196th Light Infantry Brigade on 5 May 1967 awarded him the Purple Heart for being wounded on 31 March 1967.

6.  The applicant departed Vietnam on 5 May 1967 after having served in one campaign and was transferred to Valley Forge General Hospital in Phoenixville, Pennsylvania where he remained until he was transferred to Fort Knox, Kentucky, on 15 August 1967.

7.  On 6 October 1967, he was honorably released from active duty (REFRAD) due to the expiration of his term of service.  He completed 2 years of total active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, Vietnam Service Medal (VSM), Vietnam Campaign Medal, and Army Good Conduct Medal.

8.  There is no evidence in the available records to show he ever received approval to accept a foreign award.  Accordingly, the issue of adding his foreign award will not be further discussed in this Record of Proceedings in order to allow the applicant to exhaust his administrative remedies by sending all related documents to the Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, Kentucky  40122 for authorization to accept a foreign award.

9.  A review of the Vietnam casualty listing shows only one entry for the applicant which is 31 March 1967.  Additionally, his records also indicate only one wound on 31 March 1967.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that the applicant's unit was awarded the RVN Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit.

11.  Army Regulation 600-8-22 states a bronze service star based on qualifying service for each campaign listed in appendix B will be worn on the appropriate service medal.

12.  Army Regulation 600-8-22 provides that the entry of foreign awards in official records without authorization from the Commander, U.S. Army Human Resources Command, is prohibited.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his award of the Purple Heart and Purple Heart with 1OLC should be added to his records has been noted and found to have partial merit.  The evidence of record, to include the orders submitted by the applicant, shows he was awarded only one award of the Purple Heart.  Unfortunately, two separate orders were published for the same award.  Accordingly, he is only entitled to have one award of the Purple Heart added to his records at this time.

2.  The applicant served in one campaign in Vietnam and thus is entitled to wear one bronze service star on his already-awarded VSM.

3.  Additionally, the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.  Accordingly, he is entitled to have that award added to his records at this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__x_____  ____x____  ___x_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* deleting the VSM from his DD Form 214
* adding the Purple Heart, VSM with one bronze service star, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding the award of the Purple Heart with 1OLC to his records.

3.  The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      __________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)                                         AR20100029076



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ABCMR Record of Proceedings (cont)                                         AR20100029076



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