IN THE CASE OF:	  

		BOARD DATE:	    9 August 2011

		DOCKET NUMBER:  AR20110002704 


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, Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation, and an additional Bronze Star Medal (BSM).

2.  He states the awards are not shown on his DD Form 214.

3.  He provides a BSM Certificate, DD Form 214, letter from the U.S. Total Army Personnel Command (TAPC) Military Awards Branch, permanent order awarding him the Purple Heart, Purple Heart Certificate, general orders (GO) awarding him the BSM with "V" Device, Honorable Discharge Certificate, Department of Veterans Affairs (VA) Form 21-22 (Appointment of Veterans Service Organization as Claimant's Representative), and VA Form 21-526b (Veteran's Supplemental Claim for Compensation).

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 12 March 1968 and he was honorably discharged on 17 November 1968 to enlist in the Regular Army.  He enlisted in the Regular Army on 17 November 1968 and he was honorably released from active duty on 16 May 1972 after completing 4 years, 2 months, and 5 days of total active service.

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

* item 31 (Foreign Service) he was credited with three periods of service in Vietnam

* 15 January to 3 April 1969
* 25 July 1969 to 3 January 1971
* 12 July 1971 to 4 February 1972

* item 38 (Record of Assignments) he served with the following units in Vietnam

* Headquarters and Headquarters Company (HHC), 1st Battalion (Airmobile), 502nd Infantry, from 1 to 6 February 1969
* Company A, 1st Battalion (Airmobile), 502nd Infantry, from 7 February to 20 May 1969
* HHC, 1st Battalion (Airmobile), 502nd Infantry, from 14 August to 6 September 1969
* Company A, 1st Battalion (Airmobile), 502nd Infantry, from 7 September to 9 November 1969
* HHC, 2nd Brigade, 101st Airborne Division (Airmobile), from 10 November 1969 to 11 February 1970
* Company L (Ranger), 75th Infantry, from 12 February 1970 to 2 January 1971
* HHC, 2nd Brigade (Airmobile), [101st Airborne Division], from 25 July 1971 to 27 January 1972

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 16 May 1972 shows the:

* BSM with "V" Device
* Air Medal
* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Parachutist Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-60)

5.  His record includes a telegram to his wife and parents showing he was wounded in action in Vietnam on 1 April 1969.

6.  Headquarters, 101st Airborne Division (Airmobile), issued the following GO to the applicant:

* GO Number 12407, dated 25 September 1969, announced award of the Purple Heart for injuries he received on 1 April 1969 [his first and middle names are inverted on the orders – the document shows his full middle name and the initial of his first name]
* GO Number 3987, dated 9 April 1970, announced award of the BSM with "V" Device for his heroism in ground combat on 22 February 1970
* GO Number 5624, dated 15 May 1970, announced award of the BSM for his meritorious service during the period 1 August 1969 to 31 May 1970

7.  He provides Permanent Order 211-4, issued by TAPC, dated 30 July 2001, showing he was awarded the Purple Heart for wounds he received on 1 April 1969.  The order includes the statement, "This order supersedes any previously issued order that may have been published announcing this award."

8.  Army Regulation 600-8-22 (Military Awards) states an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the BSM.

9.  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 two of the units he served with in Vietnam were cited for award of the RVN Gallantry Cross with Palm Unit Citation for periods during which he was assigned to the units:

* 1st Battalion, 502nd Infantry, was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 15 August 1968 to 14 May 1969 by Department of the Army GO (DAGO) Number 43, dated 1970
* Company L, 2nd Battalion (Ranger), 75th Infantry, was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 2 December 1969 to 8 January 1971 by DAGO Number 24, dated 1972

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

11.  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.  A silver service star is authorized in lieu of five bronze service stars.  The Vietnam campaigns are listed in appendix B.  His record shows his service in Vietnam coincided with eight campaigns:

* 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)
* Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970)
* Sanctuary Counteroffensive (1 May-30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970-30 June 1971)
* Consolidation I (1 July-30 November 1971)
* Consolidation II (1 December 1971-29 March 1972)

12.  Department of the Army Pamphlet 672-3 shows:

* 1st Battalion, 502nd Infantry, was cited for award of the –

* Valorous Unit Award (VUA) for the period 12 March to 8 May 1969 by DAGO Number 2, dated 1971
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 to 2 May 1970 by DAGO Number 48, dated 1971

* HHC, 2nd Brigade, 101st Airborne Division, was cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 to 2 May 1970 by DAGO Number 48, dated 1971

* Company L, 2nd Battalion (Rangers), 75th Infantry, was cited for award of the –

* VUA for the period 7 December 1969 to 16 February 1970 by DAGO Number 48, dated 1971
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 to 2 May 1970 by DAGO Number 48, dated 1971

13.  DAGO Number 48, dated 1971, shows each of the applicant's units of assignment in Vietnam was awarded the RVN Civil Actions Honor Medal First Class Unit Citation as subordinate units of the 101st Airborne Division.

14.  Department of the Army Pamphlet 672-3 states not more than one RVN Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, in the case of duplicate awards covering the same period of time, only one award will be recorded in official military and historical records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Purple Heart in orders published by TAPC which superseded orders published by the 101st Airborne Division.  Therefore, he is entitled to correction of his DD Form 214 to show the Purple Heart.

2.  General orders awarded him the BSM for heroism and for service.  Therefore, he is entitled to correction of his DD Form 214 to show the BSM with "V" Device and one oak leaf cluster.

3.  He was awarded the VSM and he participated in eight campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show one silver and three bronze service stars for wear on the previously-awarded VSM.

4.  He served in two units in Vietnam during periods for which they were cited for award of the VUA and RVN Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show the VUA (2nd Award) and RVN Gallantry Cross with Palm Unit Citation (2nd Award).

5.  The units he served with in Vietnam received the RVN Civil Actions Honor Medal First Class Unit Citation for the same period as all subordinate units of the 101st Airborne Division.  Therefore, it would be appropriate to correct his DD Form 214 to show one award of the RVN Civil Actions Honor Medal First Class Unit Citation.



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 making the following changes to item 24 of his DD Form 214 for the period ending 16 May 1972:

	a.  deleting the BSM with "V" Device and VSM and

	b.  adding the:

* BSM with "V" Device and 1st Oak Leaf Cluster
* Purple Heart
* VSM with one silver and three bronze service stars
* VUA (2nd Award)
* RVN Gallantry Cross with Palm Unit Citation (2nd Award)
* RVN Civil Actions Honor Medal First Class 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)                                         AR20110002704



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ABCMR Record of Proceedings (cont)                                         AR20110002704



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