IN THE CASE OF:	  

		BOARD DATE:	  6 December 2011

		DOCKET NUMBER:  AR20110012556 


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 add award of the Purple Heart and to be issued a replacement Purple Heart Certificate that contains his correct first name.

2.  The applicant states he was awarded the Purple Heart and the certificate incorrectly reflects his first name as "Brice" instead of "Orice."  Additionally, the Purple Heart is not included on his DD Form 214.

3.  The applicant provides copies of his Purple Heart Certificate and 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 was inducted into the Army of the United States on 25 March 1969.  He completed basic training at Fort Campbell, Kentucky, and advanced individual training as a light weapons infantryman at Fort Polk, Louisiana, before being transferred to Vietnam on 27 August 1969 for assignment to Company E, 1st Battalion, 7th Cavalry Regiment, 1st Cavalry Division.

3.  He was promoted to the rank of sergeant on 6 July 1970.  On 18 July 1970, he was wounded in action and sustained fragmentation wounds to his right side.

4.  He departed Vietnam on 22 August 1970 after serving in four campaigns and was transferred to Fort Hood, Texas, where he remained until he was honorably released from active duty (REFRAD) on 24 March 1971 due to the expiration of his term of service.  He completed 2 years of total active service.  His DD Form 214 issued at the time of his REFRAD shows he was awarded the Vietnam Service Medal with two bronze service stars, National Defense Service Medal, Combat Infantryman Badge, Air Medal, Republic of Vietnam Campaign Medal, and Army Commendation Medal with "V" Device and one oak leaf cluster.

5.  A review of the applicant's official records failed to reveal orders awarding him the Purple Heart.  However, his name is contained on the Vietnam casualty listing as being wounded in action on 18 July 1970.

6.  A search 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 the applicant the Purple Heart.

7.  A review of the applicant's records shows he had "excellent" conduct and efficiency ratings throughout his service and his records are void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).

8.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

9.  Army Regulation 600-8-22 states a bronze service star is authorized based on qualifying service for each campaign listed in appendix B.  Bronze service stars 


will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.

10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that during the applicant's assignment, his unit was cited for award of the Valorous Unit Award (VUA), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant's records do not contain and the applicant has not provided orders awarding him the Purple Heart, there is sufficient evidence present to suggest the applicant was, in fact, awarded the Purple Heart for wounds received in action in Vietnam on 18 July 1970 and the absence of orders in his records is simply the result of an administrative oversight.

2.  Accordingly, the Purple Heart should be added to his DD Form 214 and he should be issued a replacement Purple Heart Certificate indicating his first name is "Orice" instead of "Brice."

3.  The applicant's DD Form 214 also indicates he was awarded two bronze service stars for wear on his Vietnam Service Medal (VSM); however, the applicant served in four campaigns and is authorized to wear four bronze service stars on his already-awarded VSM.  Accordingly, his DD Form 214 should be corrected at this time.

4.  A review of the applicant's records show he had "excellent" conduct and efficiency ratings throughout his service and his records contain no derogatory 


information that would serve to disqualify him for the first award of the AGCM.  Therefore, it must be presumed that the failure to award him the AGCM was the result of an administrative error.  Accordingly, it would be appropriate to award him the AGCM (1st Award) for the period 25 March 1969 to 24 March 1971 and to correct his DD Form 214 to show this award.

5.  Additionally, the VUA, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation were awarded to his unit during the period he served with the unit.  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:

1.  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:

* awarding him the AGCM (1st Award) for the period 25 March 1969 to 24 March 1971
* deleting the Vietnam Service Medal with two bronze service stars from block 24 of his DD Form 214
* adding the Purple Heart, AGCM (1st Award), Vietnam Service Medal with four bronze service stars, VUA, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to block 24 of his DD Form 214
* issuing the applicant a new Purple Heart Certificate for wounds received in action in Vietnam on 18 July 1970 showing his correct first name of "Orice" to replace the certificate now held by him showing a first name of "Brice"



2.  The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________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)                                         AR20110012556



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ABCMR Record of Proceedings (cont)                                         AR20110012556



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