IN THE CASE OF:	  

		BOARD DATE:	  18 January 2012

		DOCKET NUMBER:  AR20110011591 


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 and correction of item 22c (Foreign and/or Sea Service) to show he served in the Republic of Vietnam (RVN) for 1 year, 9 months, and 24 days.

2.  The applicant states his pay vouchers show he served in RVN from August 1967 to August 1968.  Further, he contends he was wounded in the Tet Offensive and his wounds were treated on the 5th and 6th of April 1968.  He notes the 6 April "1967" entry is an error because he was in boot camp at that time.

3.  The applicant provides his DD Form 214, pay vouchers, and medical records.

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's records show he enlisted in the Regular Army on 17 February 1967 and he held military occupational specialty 11B (Light Weapons Infantryman).  He served in the RVN on two separate occasions:

   a.  His first tour was from on or about 3 September 1967 to on or about 
17 August 1968.
   
* 3 September - 24 September 1967, Company D, 51st Infantry
* 25 September 1967 - 17 August 1968, 1st Brigade, 101st Airborne Division (Company B, 2nd Battalion, 502nd Infantry)

b.  His second tour was from 27 April 1969 to 2 February 1970.

* 27 April - 6 May 1969, 23rd Administration Company Replacement Detachment
* 7 May - 20 June 1969, Company A, 1st Battalion, 6th Infantry, 198th Infantry Brigade
* 21 June - 25 October 1969, F Troop, 8th Cavalry, 123rd Aviation Battalion
* 26 October 1969 - 2 February 1970, Company A, 3rd Battalion, 1st Infantry

3.  His records contain a Standard Form 600 (Chronological Record of Medical Care) which shows on 28 April 1968 he was treated for a fragment wound to his right arm.

4.  General Orders Number 10060, issued by Headquarters, Americal Division, dated 28 September 1969, awarded him the Air Medal for meritorious achievement while participating in aerial flight for the period 23 June - 8 July 1969.

5.  General Orders Number 10768, issued by the same organization, dated 
18 October 1969, awarded him the Air Medal (1st through 5th oak leaf cluster) for meritorious achievement while participating in aerial flight for the period 8 July - 11 September 1969.

6.  Special Orders Number 67, Headquarters,3d Training Brigade (Infantry) U.S. Army Training Center, Fort Gordon, GA, dated 22 May 1967, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), effective 
11 May 1967.
7.  Special Orders Number 83, Headquarters, 3rd Training Brigade (Infantry) U.S. Army Training Center, Fort Gordon, GA, dated 22 May 1967, awarded him the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60), effective 17 May 1967.

8.  He was honorably discharged on 10 February 1970.  He completed 2 years, 11 months, and 24 days of creditable active service.  Item 22c of his DD Form 214 shows he completed 9 months and 24 of foreign service in "USARPAC."

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* Purple Heart
* Army Commendation Medal
* Combat Infantryman Badge
* Overseas Bar (2)

10.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command failed to reveal orders awarding him the Purple Heart.

11.  The Vietnam Casualty Roster shows he was wounded in action on 26 April 1968 while serving in the RVN as an infantryman.

12.  He provides pay vouchers for the period 1 August 1967 through 10 February 1970 which show he was assigned to the RVN. In addition, he provides medical records which show on 5 and 6 April 1968 he had the dressing changed on his wound.  The type and source of the wound is not indicated.

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

14.  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 that during his assignment with:

	a.  Company D, 51st Infantry, the unit was cited with award of the Meritorious Unit Commendation for the period 1 May 1967 through 30 April 1968, by Department of the Army General Order (DAGO) Number 55, dated 1968; 
	
	b.  Company A, 3rd Battalion, 1st Infantry, the unit was cited with award of the RVN Gallantry Cross with Palm Unit Citation for the period 24 August through 
31 December 1969 by DAGO Number 42, dated 1972; and

	c.  2nd Battalion, 502d Infantry, the unit was cited with award of the RVN Gallantry Cross with Palm Unit Citation for the period 19 July 1968 through 
14 May 1969 by DAGO Number 48, dated 1971; and the RVN Civil Action Honor Medal, First Class for the period 18 March 1968 through 2 May 1970 by DAGO 48, dated 1971.

15.  Paragraph 6 (Miscellaneous Information) states that not more than one award of the RVN Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

16.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states 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 six 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)
* Tet 69 Counteroffensive (23 February 1969 – 8 June 1969)
* Vietnam Summer-Fall 1969 (9 June 1969 – 31 October 1969)

17.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

	b.  Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.

18.  Army Regulation 635-5 (Separation Documents), in effect at the time, provided that a DD Form 214 would be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  The regulation stated to enter in item 22c the total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater in which service was performed, e.g. "USAREUR."  Indicate inclusive dates of service in Vietnam in item 30 (Remarks) as "VIETNAM--25 APR 70 THRU 28 MAY."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was wounded in the RVN on 
26 April 1968 during hostile action and he was treated for those wounds.  Although, there are no permanent orders awarding him the Purple Heart, this award is shown on his DD Form 214.  There is insufficient evidence to show the wound he was treated for in April 1967 was the result of hostile action and therefore, he should not be awarded a second Purple Heart.

2.  General orders awarded him the Air Medal with five oak leaf clusters.

3.  The units he served with were awarded the Meritorious Unit Commendation, RVN Gallantry Cross with Palm Unit Citation on two separate occasions, and RVN Civil Actions Honor Medal First Class Unit citation during his period of assignment.

4.  He is entitled to correction of his DD Form 214 to show these individual and unit awards.

5.  The evidence of record confirms he completed two tours in the RVN, from 
3 September 1967 to 17 August 1968 and from 27 April 1969 to 2 February 1970.  As a result, item 22c of his DD Form 214 should be corrected to show the entry "01  09  09" and item 30 should be corrected to show the entry "SERVICE IN VIETNAM FROM 3 SEP 67 THRU 17 AUG 68 AND FROM 27 APR 69 THRU FEB 70."

6.  His record confirms he participated in six campaigns while serving in Vietnam.  Therefore, he is entitled to award of one silver service star and one bronze service star for wear on his Vietnam Service Medal and correction of his DD Form 214 accordingly.
7.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and Expert Marksmanship Qualification Badge with Machine Gun Bar 
(M-60) which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these badges.

BOARD VOTE:

____x___  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 as follows:

	a.  deleting the entries from item 22c;

	b.  adding the entries "USARPAC" and "01  09  09" to item 22c;

	c.  adding the entry "VIETNAM SERVICE:  "3 SEP 67 THRU 17 AUG 68 AND FROM 27 APR 69 THRU 2 FEB 70" to item 30;" and

	d.  adding the following awards to item 24:

* Air Medal with Numeral "6" 
* Meritorious Unit Award 
* RVN Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class
* One silver service star and one bronze service star to be affixed to his already-awarded Vietnam Service Medal
* Expert Marksmanship Badge with Rifle (M16) and Machine Gun Bars (M60)

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the award of the Purple Heart and showing 1 year, 9 months, and 24 days in item 22c.



      _____________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)                                         AR20110011591





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ABCMR Record of Proceedings (cont)                                         AR20110011591



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