IN THE CASE OF:
BOARD DATE: 3 January 2012
DOCKET NUMBER: AR20110013683
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect all of his authorized awards.
2. The applicant states that his DD Form 214 does not contain all of his authorized awards, including two awards of the Purple Heart. He desires to have his records corrected because he has stage IV cancer.
3. The applicant provides a copy of his DD Form 214 and copies of his orders for award of the Purple Heart.
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. The applicant was inducted on 10 May 1966 and was transferred to Fort Riley, Kansas to undergo his basic and advanced individual training as an infantry intelligence and operations specialist.
3. On 10 January 1967, he was transferred to Vietnam with his unit, Company E, 3d Battalion, 47th Infantry Regiment, 9th Infantry Division.
4. The applicant was wounded on 12 February and 1 May 1967 and was awarded the Purple Heart for each of those wounds. He was also awarded the Combat Infantryman Badge (CIB) on 5 March 1967.
5. After participating in two campaigns, he departed Vietnam on 9 January 1968 for assignment to Fort Campbell, Kentucky where he remained until he was honorably released from active duty (REFRAD) on 13 May 1968 due to the expiration of his term of service. He had served 2 years of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM), the Vietnam Campaign Medal, and the Good Conduct Medal,
6. 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 Meritorious Unit Commendation (MUC), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.
7. Army Regulation 600-8-22 (Military Awards) states a bronze service star, based on qualifying service for each campaign listed in appendix B, will be worn on the appropriate service medal.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214 does not contain all of his authorized awards has been noted and found to have merit.
2. The applicant was awarded the CIB and two awards of the Purple Heart (PH 1OLC) and those awards were not reflected on his DD Form 214.
3. He also participated in two campaigns in Vietnam and thus is entitled to wear two bronze service stars on his already-awarded VSM.
4. Additionally, his units were awarded the Meritorious Unit Commendation (MUC), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the units.
BOARD VOTE:
____X____ ____X____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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:
* Deleting the award of the Vietnam Service Medal from his DD Form 214
* Adding the award of the Vietnam Service Medal with two bronze service stars to his DD Form 214
* Adding the awards of the CIB, the PH w/1OLC, the MUC, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214
2. The Board wants the applicant and all others to know that 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) AR20110013683
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ABCMR Record of Proceedings (cont) AR20110013683
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