BOARD DATE:	  11 August 2011

		DOCKET NUMBER:  AR20110002010 


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 award of the Purple Heart, Bronze Star Medal, and Army Commendation Medal with "V" Device.

2.  The applicant states these awards are not shown in his records.

3.  The applicant provides Headquarters, I Field Force Vietnam General Orders Number 353; Headquarters, 3d Brigade Task Force, 25th Infantry Division, letter of transmittal; Headquarters, 4th Infantry Division, General Orders Number 2188; a Bronze Star Medal Certificate; a Purple Heart Certificate; and an Army Commendation Medal 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.  His military records show he was inducted into the Army of the United States on 14 December 1965.  He completed initial entry training, was awarded the military occupational specialty of 11B, light weapons infantryman, and was promoted to pay grade E-5.

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam with an assignment as a light weapons infantryman in Company A, 1st Battalion, 14th Infantry, during the period 23 May 1966 to 10 May 1967.

4.  He was honorably released from active duty on 13 December 1967 and transferred to the U.S. Army Reserve Control Group (Annual Training).  He completed a total of 2 years of creditable active service.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Combat Infantryman Badge, and Army Good Conduct Medal.

6.  His DA Form 20 further shows he was awarded the Bronze Star Medal by Headquarters, I Field Force Vietnam General Orders Number 353, dated 17 April 1967.

7.  Headquarters, 67th Evacuation Hospital, General Orders Number 88, dated 9 May 1967, awarded him the Purple Heart (1st Award) for wounds received in action on 7 May 1967.

8.  Headquarters, 249th General Hospital, General Orders Number 47, dated 24 May 1967, awarded him the Purple Heart for wounds received "on operation" against a hostile force on 8 May 1967.

9.  Headquarters, 4th Infantry Division, General Orders Number 2188, dated 24 July 1967, awarded him the Purple Heart for wounds received in connection with military operations against a hostile force on 7 May 1967.

10.  Headquarters, 4th Infantry Division, General Orders Number 3990, dated 19 November 1967, awarded him the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 23 October 1966.

11.  A review of the Vietnam casualty list shows he was listed as "hostile wounded in action, not serious, not hospitalized" on 7 May 1967.

12.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam and states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  During his tour of duty in Vietnam he participated in the following campaigns:

* Vietnam Counteroffensive (25 December 1965-30 June 1966)
* Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967)

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows Company A, 1st Battalion, 14th Infantry, was awarded the following during the applicant's assignment to the unit:

* Valorous Unit Award for the period 22 April-20 August 1967
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January 1966-1 August 1967

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Army Commendation Medal with "V" Device and the Bronze Star Medal.  Therefore, he is entitled to have these two awards added to his DD Form 214.

2.  General orders published by two different units awarded him the Purple Heart for wounds received in action against a hostile force on 7 May 1967 and general orders from a third unit awarded him the Purple Heart for wounds received in action on 8 May 1967.  His name is listed on the Vietnam casualty list verify he was wounded in action on 7 May 1967.  Absent evidence showing he was wounded on both consecutive days, it would be appropriate to add only one award of the Purple Heart to his DD Form 214.

3.  General orders awarded his unit of assignment the Valorous Unit Award and Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  The available records show he was awarded the Vietnam Service Medal and that he participated in two campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show two bronze service stars with his already-awarded Vietnam Service Medal.

5.  In view of the foregoing, his records should be corrected as shown below.

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 adding the Bronze Star Medal, Purple Heart, Army Commendation Medal with "V" Device, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars with his already-awarded Vietnam Service Medal to the awards shown on his DD Form 214.



      ___________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)                                         AR20110002010



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110002010



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1