BOARD DATE: 13 December 2011
DOCKET NUMBER: AR20110011173
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 the Combat Infantryman Badge and Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 22 July 1968.
2. The applicant states these awards were omitted from item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 22 July 1968.
3. The applicant provides:
* Department of Veterans Affairs disability claim
* DD Form 214 for the period ending 22 July 1968
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 10 March 1960, the applicant enlisted in the Regular Army and served until he was honorably discharged for immediate reenlistment on 19 June 1962. He reenlisted on 20 June 1962. On 17 January 1964, he was honorably discharged to accept a commission.
3. On 18 January 1964, he was appointed a second lieutenant in the U.S. Army Reserve (USAR) and ordered to active duty. He arrived in Vietnam on 24 July 1967. He was assigned to Headquarters and Headquarters Company (HHC),
1st Battalion, 7th Cavalry, 1st Cavalry Division in Vietnam from 27 July 1967 to
2 December 1967. He was assigned to Company A, 1st Battalion, 7th Cavalry, 1st Cavalry Division in Vietnam from 3 December 1967 until he was wounded in action on 21 February 1968. He was assigned to HHC, 1st Battalion, 7th Cavalry of the 1st Cavalry Division in Vietnam from 11 March 1968 to 16 July 1968. On 22 July 1968, he was released from active duty and transferred to the USAR Control Group (Reinforcement) to complete his remaining service obligation.
4. Item 24 of his DD Form 214 for the period ending 22 July 1968 shows the:
* Parachutist Badge
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* One Overseas Bar
* Silver Star
* Bronze Star Medal
* Air Medal
5. Orders, dated 1 June 1967, show he received the Army Commendation Medal for meritorious service for the period July 1966 to June 1967.
6. Orders, dated 27 August 1967, show he received the Combat Infantryman Badge.
7. Orders, dated 13 March 1968, show he received the Purple Heart for wounds received in action on 21 February 1968 in Vietnam.
8. Records show he participated in four campaigns during his assignment in Vietnam.
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 1st Battalion, 7th Cavalry, was cited for the following awards at the time of his assignment:
* Valorous Unit Award for actions during the period 1-31 October 1967 by Department of the Army General Orders (DAGO) Number 39, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 70, dated 1969
10. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.
DISCUSSION AND CONCLUSIONS:
1. Orders show he received the Army Commendation Medal, Combat Infantryman Badge and Purple Heart. His DD Form 214 for the period ending
22 July 1968 should be corrected to show these awards.
2. The applicant participated in four campaigns during his assignment in Vietnam which entitles him to the Vietnam Service Medal with four bronze service stars. His DD Form 214 for the period ending 22 July 1968 should be corrected to show these awards.
3. The applicant's unit was cited for award of the Valorous Unit Award and Republic of Vietnam Gallantry Cross with Palm Unit Citation, while he was assigned to the unit. Therefore, his DD Form 214 for the period ending 22 July 1968 should be corrected 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 adding the Army Commendation Medal, Combat Infantryman Badge, Purple Heart, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four bronze service stars to his already-awarded Vietnam Service Medal in item 24 of his DD Form 214 for the period ending 22 July 1968.
___________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) AR20110011173
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110011173
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130022410
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * his last duty assignment and major command as Troop D, 7th Squadron, 1st Cavalry Regiment, U.S. Army Vietnam * he was awarded the * Purple Heart * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation 2. His records also contain a Standard Form 93 (Report of Medical History), dated 10 September...
ARMY | BCMR | CY2011 | 20110009335
The applicant's DA Form 20 (Enlisted Qualification Record) shows in: a. item 29 (Qualification in Arms) he qualified: * Sharpshooter with the M-14 Rifle on 31 January 1968 * Expert with the M-60 Machinegun on 25 March 1968 * Marksman with the M-16 Rifle on 4 April 1968 b. item 31 (Foreign Service): Vietnam from 21 May 1968 through 20 May 1969; c. item 38 (Record of Assignments) he was assigned to: (1) Company A, 2nd Battalion, 7th Cavalry, 1st Air Cavalry Division (Airmobile), from 22 May...
ARMY | BCMR | CY2010 | 20100013071
Orders for the award of the Purple Heart should have been issued by the 106th General Hospital. Therefore, there is sufficient evidence in this case to award the applicant the Purple Heart for wounds received on 16 February 1967 in the Republic of Vietnam. The Board also recommends that all Department of the Army records of the individual concerned be corrected by amending item 24 of the applicant's DD Form 214 with an effective date of 11 April 1970 to add the: * Bronze Star Medal *...
ARMY | BCMR | CY2002 | 2002077747C070215
The applicant requests that award of the Purple Heart, the second award of the Air Medal, award of the Bronze Star Medal, award of the Army Commendation Medal, award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, award of the Meritorious Unit Commendation, award of the Good Conduct Medal, award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and award of the Presidential Unit Citation be added to item 24 (Decorations, Medals, Badges,...
ARMY | BCMR | CY2011 | 20110000340
Item 41 does not show award of a Silver Star, second Bronze Star Medal, second Purple Heart, or the Army Commendation Medal and his official military personnel file does not contain orders awarding him any of these awards. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of his DD Form 214...
ARMY | BCMR | CY2004 | 2004100782C070208
The applicant provides a description of the battle at Landing Zone Colt on 10 October 1967; his Silver Star orders; the Silver Star orders of the medic who treated him on 10 October 1967 a statement from the medic; a statement from another fellow soldier during the action on 10 October 1967; his Purple Heart citation for wounds received in November 1966; and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). The evidence of record shows the applicant had...
ARMY | BCMR | CY2004 | 2004100328C070208
There are no orders in the applicant's service personnel records to show that he was reclassified and held an infantry MOS while he served in Vietnam. Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, which lists unit awards received by units serving in Vietnam, shows that the units the applicant was assigned to were awarded the following awards as follows: a. Therefore, the Board requests that the CMSD-St. Louis...
ARMY | BCMR | CY2010 | 20100027159
Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded to a member of the Armed Forces or any civilian national of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed or who has died or may die after being wounded in any action against an enemy of the United States. This pamphlet shows Company C, 54th Infantry Regiment, to which the applicant was assigned, was cited for the...
ARMY | BCMR | CY2011 | 20110024883
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 1 January 1970 to show his last name as "DaCosta" instead of "DeCosta" and awards of the: * Purple Heart * Distinguished Flying Cross (3rd Award) * Air Medal (42nd Award) * National Defense Service Medal * Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 2. GOs...
ARMY | BCMR | CY2008 | 20080007655
The evidence of record shows the applicant was awarded the Vietnam Service Medal. The evidence of record shows that the applicant served a qualifying period in the Republic of Vietnam for award of two Overseas Service Bars; therefore, he is entitled to correction of his records to show these awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Good Conduct Medal (1st Award) for exemplary...