BOARD DATE:	  6 December 2011

		DOCKET NUMBER:  AR20110010692


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.

2.  The applicant states he was treated unfairly when he requested an early release due to family hardship.  He states he was told to sign a paper and he received his DD Form 214 after he returned home.  He concludes by stating his DD Form 214 does not show award of the Purple Heart.

3.  The applicant provides his DD Form 214.

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 enlisted in the Regular Army on 12 July 1967.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman). 

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the:

* Republic of Vietnam from on or about 12 December 1967 to 25 August 1968, he was assigned to Company C, 1st Battalion, 22nd Infantry Regiment, 4th Infantry Division
* Republic of Korea from on or about 25 August 1968 to 13 December 1968

4.  General Orders Number 2225, Headquarters, 4th Infantry Division, dated     27 May 1968, awarded him the Purple Heart for wounds received in action, in the Republic of Vietnam, on 28 April 1968.

5.  On 4 January 1972, he was discharged from the Army.  His DD Form 214 shows he was credited with the completion of 2 years, 5 months, and 10 days of net service during this period of active duty.  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
* Armed Forces Expeditionary Medal
* Vietnam Service Medal with bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar 
* 1 Overseas Service Bar

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

7.  General Orders Number 4977, Headquarters, 4th Infantry Division, dated     19 September 1968, awarded him the Bronze Star Medal with "V" Device, for heroism in connection with military operations against an armed hostile force in the Republic of Vietnam, on 28 April 1968.

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 document shows the 1st Battalion, 22nd Infantry Regiment which was the unit to which he was assigned was cited for award of the:
* Valorous Unit Award for the period 30 January through 12 February 1968, by Department of the Army General Order (DAGO) Number 43, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1965 through 16 April 1971 by DAGO Number 54, dated 1974
* Republic of Vietnam 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.  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, campaign participation credit was awarded for the following four campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967 – 29 January 1968)
* Tet Counteroffensive (30 January 1968 – 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April 1968 – 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July 1968 – 1 November 1968)

10.  Special Orders Number 271, Headquarters, Fort Polk, Fort Polk, LA, dated 19 October 1967, awarded him the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60), effective 13 October 1967.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the Korea Defense Service Medal (KDSM) was authorized by section 543 of the National Defense Authorization Act of 2003.  It is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Purple Heart which is not shown on his 
DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  General orders awarded him the Bronze Star Medal with "V" Device, which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  General orders awarded his unit of assignment in Vietnam the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  Records show he participated in four campaigns during his service in Vietnam; however, his DD Form 214 shows he was awarded the Vietnam Service Medal with a single bronze service star.  Accordingly, his DD Form 214 should be corrected to show four bronze service stars for wear on his already-awarded Vietnam Service Medal.

5.  Special orders awarded him the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60), which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

6.  The evidence of record shows he completed a qualifying period of service for award of the KDSM; therefore, he is also entitled to correction of his DD Form 214 to show this award.

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 item 24 of his DD Form 214 by deleting "Vietnam Service Medal with 
Bronze Service Star" and adding the entries:

* Purple Heart
* Bronze Star Medal with "V" Device
* Vietnam Service Medal with 4 bronze service stars
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Machinegun Bar (M-60)
* Korea Defense Service Medal




      _______ _ 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)                                         AR20110010692



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