IN THE CASE OF:	

		BOARD DATE:	    11 August 2011

		DOCKET NUMBER:  AR20110002822


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, in effect:

* correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his award of the Purple Heart
* correction of his DD Form 214 to show his rank and pay grade as staff sergeant (SSG)/E-6 

2.  The applicant states, in effect, his record is in error because his DD Form 214 incorrectly shows his rank as sergeant (SGT) instead of SSG, and it doesn't show his Purple Heart award.

3.  The applicant provides:

* Purple Heart certificate
* Honorable Discharge certificate
* Letter Orders Number 05-1201632, issued by Headquarters, U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO, dated 22 May 1974

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.  He was inducted into the Army of the United States on 20 June 1968 for a period of 2 years.  He completed training and he was awarded military occupational specialty 11B (Light Weapons Infantryman).  On 20 May 1969, he was reassigned to the Republic of Vietnam (RVN) and he was assigned to Company C, 2nd Battalion, 8th Infantry Regiment, 4th Infantry Division.

3.  General Orders Number 6455, issued by Headquarters, 4th Infantry Division, dated 22 October 1969, awarded him the Purple Heart for wounds received by a hostile force on 20 October 1969.

4.  Special Orders Number 89, issued by the same headquarters, dated
30 March 1970, promoted him to SSG effective 18 March 1970.

5.  On 18 April 1970, he departed the RVN en route to the continental United States for separation processing.  On 28 April 1970, he was honorably released from active duty (REFRAD) and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) for the remainder of his service obligation.  His DD Form 214 shows in:

	a.  Item 5a (Grade, Rate or Rank) and 5b (Pay Grade) he was REFRAD as a SGT/E-5.

	b.  Item 6 (Date of Rank (DOR)) the entry 20 February 1969.

	c.  Item 22b (Total Active Service) he completed 1 year, 10 months, and
9 days of total active service.

	d.  Item 22c (Foreign and/or Sea Service) he completed 11 months and
8 days of foreign service.

	e.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and campaign Ribbons Awarded or Authorized) the:

* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Machinegun Bar (M-60)
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Army Good Conduct Medal
* One overseas service bar

	f.  Item 30 (Remarks) he served in the RVN from 20 May 1969 through
28 April 1970.

6.  His record indicates he is entitled to additional awards which are not shown on his DD Form 214.

7.  General Orders Number 2304, issued by Headquarters, 4th Infantry Division, dated 8 April 1970, awarded him the Army Commendation Medal for meritorious service in the RVN from May 1969 to May 1970.

8.  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 Infantry, the unit to which the applicant was assigned, was cited for award of the:

	a.  RVN Gallantry Cross with Palm Unit Citation for the period October 1966 through 28 July 1969 by Department of the Army General Order (DAGO) Number 3, dated 1970.

	b.  RVN Gallantry Cross with Palm Unit Citation for the period 29 July 1969 through 17 November 1970, by DAGO Number 52, dated 1971.

	c.  RVN Civil Actions Honor Medal First Class Unit Citation for the period
1 October 1966 through 31 October 1969, by DAGO Number 53, dated 1970.

9.  Department of the Army Pamphlet 672-3 states not more than one RVN Gallantry Cross with Palm 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.

10.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, 

that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following three campaigns: Tet 69 Counteroffensive, 1969 (23 February 1969 - 8 June 1969); Vietnam Summer - Fall 1969 (9 June 1969 - 31 October 1969); and Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970).

11.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the overseas service bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Purple Heart for wounds received by a hostile force on 20 October 1969. Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  Special orders promoted him to SSG effective 18 March 1970.  Therefore, he is entitled to correction of his DD Form 214 to show his proper rank, pay grade, and DOR.

3.  General orders awarded him the Army Commendation Medal for meritorious service in the RVN from May 1969 to May 1970.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  General orders awarded his unit of assignment in the RVN the RVN Gallantry Cross with Palm Unit Citation (two awards) and the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his
DD Form 214 to show these unit awards.

5.  He participated in three campaigns during his service in the RVN.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.
6.  He completed 11 months and 8 days of foreign service in Vietnam, from 20 May 1969 to 18 April 1970.  This period of foreign service in Vietnam would have qualified him for two overseas service bars.  His DD Form 214 only listed one bar; therefore, he is entitled to correction of this form to show two bars. 

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:

* amending items 5a, 5b, and 6 of his DD Form 214 to read SSG, E-6, and 18 Mar 70 respectively
* deleting from item 24 of his DD Form 214 "one oversea service bar"
* amending item 24 of his DD Form 214 to add the:

* Purple Heart
* Army Commendation Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
(2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Two overseas service bars



      ___________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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20110002822



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