IN THE CASE OF:	  

		BOARD DATE:	  12 January 2012

		DOCKET NUMBER:  AR20110013454 


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 the Purple Heart was not annotated on his DD Form 214 upon his discharge from the service and is now preventing him from receiving benefits.

3.  The applicant provides General Orders Number 18 and a letter from the Department of Veterans Affairs.

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 30 November 1966.  He completed training and was awarded military occupational specialty 13F (Automatic Weapons Crewman).

3.  His record contains Special Orders Number 28 issued by Headquarters, 8th Battalion (175 millimeter) (Self-Propelled), 4th Artillery, Fort Sill, OK, dated 22 April 1967, which shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

4.  He was stationed in the Republic of Vietnam from 25 July 1967 through 15 July 1968 where he was assigned initially to Battery C, 8th Battalion, 4th Artillery Regiment, and on 13 November 1967, to Battery A, 1st Battalion, 44th Artillery Regiment.

5.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the entry "lacerations of the left leg," dated 5 June 1968.

6.  General Orders Number 18 issued by Headquarters, 108th Artillery Group, San Francisco, CA, dated 25 June 1968, show he was awarded the Purple Heart for wounds received in connection with military operations against a hostile force.  The date of action is shown as 5 June 1968.

7.  His record contains Special Orders Number 257, issued by Headquarters, 2nd Armored Division, Fort Hood, TX, dated 13 September 1968, which shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

8.  On 29 November 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  The highest rank/grade he attained during this period of service was specialist four/
E-4.

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

* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

10.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  A bronze service star is authorized with this award for each Republic of Vietnam campaign a member is credited with participating in.  A silver service star is authorized in lieu of five bronze service stars.  Appendix B shows that during his service in the Republic of Vietnam, participation credit was awarded for the following five campaigns:

* Vietnam Counteroffensive Phase II
* Vietnam Counteroffensive Phase III
* Tet Counteroffensive
* Vietnam Counteroffensive Phase IV
* Vietnam Counteroffensive Phase V

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.  Paragraph 6d states that Department of the Army General Orders (DAGO) Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

12.  Department of the Army Pamphlet 672-3 also shows that during his assignment to 1st Battalion, 44th Artillery Regiment, his unit was cited for award of the:

	a.  Presidential Unit Citation for the period 27 November 1966 through 15 September 1967 by DAGO Number 32, dated 1973, and

	b.  Valorous Unit Award for the period 24 January through 16 February 1968 by DAGO Number 48, dated 1968.

DISCUSSION AND CONCLUSIONS:

1.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16); therefore, he is entitled to correction of his DD Form 214 to show this badge.

2.  General orders awarded him the Purple Heart for an injury as a result of hostile action on 5 June 1968; therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  Records show he was previously awarded the Vietnam Service Medal.  The evidence shows he participated in five campaigns during his Republic of Vietnam service.  Therefore, he is entitled to correction of his DD Form 214 to show one silver service star for wear on his already-awarded Vietnam Service Medal.

4.  General orders show the applicant's unit was awarded the Presidential Unit Citation, Valorous Unit Award, and Republic of Vietnam Gallantry Cross with Palm Unit Citation during his tenure of assignment.  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 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:

   a.  deleting the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and Vietnam Service Medal with three bronze service stars from item 24 of his DD Form 214 and

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

* Purple Heart
* Vietnam Service Medal with one silver service star
* Presidential Unit Citation
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation


* Sharpshooter Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16)



      ___________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)                                         AR20110013454



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ABCMR Record of Proceedings (cont)                                         AR20110013454



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