BOARD DATE:	  13 September 2011

		DOCKET NUMBER:  AR20110005263 


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 issue of a DD Form 215 (Correction to DD Form 214) to correct his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Purple Heart.

2.  He states he was wounded in the right shoulder by an artillery shell in Vietnam on 5 June 1967.

3.  He provides his DD Form 214 and a memorandum, subject: Award of Purple Heart Medal, dated 26 August 1967.

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 9 December 1965.  He was honorably released from active duty on 14 September 1967 after completing 1 year, 9 months, and 6 days of total active service.

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

* he was credited with service in Vietnam from 24 September 1966 through 13 September 1967
* in item 38 (Record of Assignments) he was assigned for duty in Vietnam with Battery C, 2d Battalion, 94th Artillery from 15 October 1966 to 11 September 1967
* in item 40 (Wounds) he received a fragment wound to his right shoulder on 5 June 1967

4.  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 (VSM)
* Good Conduct Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* one overseas service bar

5.  The Vietnam casualty listing shows he was wounded as a result of hostile action on 5 June 1967.

6.  He provides a memorandum to him from the Commanding General, 3d Marine Division (Reinforced), Fleet Marine Force, subject: Award of Purple Heart Medal, dated 26 August 1967, showing he was presented with the Purple Heart for wounds he received in combat on 5 June 1967.   

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

8.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  Appendix B of the regulation lists campaigns.  The applicant's service in Vietnam coincided with two campaigns:  Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967) and Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968).

9.  For Vietnam service, one overseas service bar was authorized for each 
6-month period of 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.

10.  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 unit to which the applicant was assigned was cited for award of the Presidential Unit Citation (Navy) for the period 27 November 1966 to 15 September 1967 by Department of the Army General Order (DAGO) Number 32, dated 1973.  

11.  DAGO Number 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units for the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units for the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was wounded in action on 5 June 1967 and the Commanding General, 3d Marine Division (Reinforced), presented the Purple Heart to him.  Therefore, he is entitled to correction of his DD Form 214 to show the Purple Heart.  

2.  Records show he participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded VSM and correction of his DD Form 214 to show these bronze service stars.

3.  Based on the length of his service in Vietnam, he is entitled to correction of his DD Form 214 to show two overseas service bars.  

4.  His unit in Vietnam was cited for award of the Presidential Unit Citation (Navy) and the RVN Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.






BOARD VOTE:

___x_____  ____x____  ___x__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 the VSM and one overseas service bar from item 24 of his DD Form 214;

	b.  adding to item 24 of his DD Form 214:

* Purple Heart
* VSM with two bronze service stars
* two overseas service bars
* Presidential Unit Citation (Navy)
* RVN Gallantry Cross with Palm Unit Citation

	c.  issuing to him a DD Form 215 making the changes listed above. 



      _______ _ 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)                                         AR20110005263





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ABCMR Record of Proceedings (cont)                                         AR20110005263



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