IN THE CASE OF:	  

		BOARD DATE:	  2 February 2012

		DOCKET NUMBER:  AR20110014778 


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 (Certificate of Release or Discharge from Active Duty) to show award of the Purple Heart.

2.  The applicant states his Purple Heart is not listed on his DD Form 214.

3.  The applicant provides no additional evidence.

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.  After having prior service, the applicant enlisted in the Regular Army on 6 September 1962.  He held military occupational specialties 11B (Infantryman) and 81C (Cartographer).

3.  A review of his DA Form 2-1 (Personnel Qualification Record) shows:

	a.  in item 9 (Awards, Decorations, and Campaigns):

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam (RVN) Campaign Medal
* Combat Infantryman Badge
* Purple Heart
* Bronze Star Medal
* Army Commendation Medal with two oak leaf clusters
* four overseas service bars
* Army Good Conduct Medal (6th Award)
* Overseas Service Ribbon
* Humanitarian Service Medal
* Air Force Outstanding Unit Award
* RVN Gallantry Cross with Palm Unit Citation

	b.  in item 35 (Record of Assignments) he was assigned to:

* Company D, 7th Battalion, 12th Infantry, 4th Infantry Division, from 4 September 1967 to 19 August 1968
* Company B, 3rd Battalion (Airmobile), 506th Infantry, from 11 October 1970 to 3 May 1971
* Company C, 1st Battalion (Airmobile), 506th Infantry, from 4 May to 24 September 1971

4.  His DD Form 214 shows he retired from active duty on 31 May 1984.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the:

* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal
* Combat Infantryman Badge
* Bronze Star Medal
* Army Commendation Medal with 2nd Oak Leaf Cluster
* RVN Gallantry Cross with Palm Unit Citation
* four overseas service bars
* Humanitarian Service Medal
* Army Good Conduct Medal (8th Award)

5.  His name is listed on the Vietnam casualty roster under casualty status code 23 with date of casualty shown as 31 October 1967.  Casualty status code 23 refers to "hostile wounded in action-not serious-hospitalized."

6.  A review of his records indicates entitlement to additional awards which are not shown on his DD Form 214.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Purple Heart is awarded for a wound sustained in action against an enemy or 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 medical personnel, and the medical treatment must have been made a matter of official record.

	b.  A bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.  Appendix B shows that during his service in RVN, participation credit was awarded for the following six campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968)
* Tet Counteroffensive (30 January-1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April-30 June 1968)
* Vietnam Counteroffensive Phase V (1 July-1 November 1968)
* Vietnam Counteroffensive Phase VII (1 July 1970-30 June 1971)
* Consolidation Phase I (1 July-30 November 1971)

8.  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 while assigned to:

	a.  3rd Battalion (Airmobile), 506th Infantry, the unit was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 1 March through 9 October 1971 by Department of the Army General Orders (DAGO) Number 6, dated 1974, and

	b.  1st Battalion (Airmobile), 506th Infantry, the unit was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the periods 18 April through 31 August 1971 and 6 September through 19 September 1971 by DAGO Number 6, dated 1974.

9.  Department of the Army Pamphlet 672-3, 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to add award of the Purple Heart.

2.  The evidence of record shows he was wounded as a result of hostile action on 31 October 1967.  His name is listed on the Vietnam casualty listing and his DA Form 2-1 lists the Purple Heart as an authorized award.  Therefore, his DD Form 214 should be corrected to show award of the Purple Heart.

3.  General orders awarded the units he served with the RVN Gallantry Cross with Palm Unit Citation on three separate occasions; however, only one award is shown on his DD Form 214.  It would be appropriate to correct his DD Form 214 to show three awards.

4.  He participated in six campaigns during his service in Vietnam.  Therefore, he is entitled to one silver service star and one bronze service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show the appropriate service stars.

5.  His DA Form 2-1 shows the Overseas Service Ribbon and Air Force Outstanding Unit Award in addition to the awards shown on his DD Form 214.  Therefore, it would be appropriate to add these awards to his DD Form 214.

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 amending his DD Form 214 as follows:

	a.  deleting the "Vietnam Cross of Gallantry w/Palm" and "Vietnam Service Medal" from item 13 and

	b.  adding the following awards to item 13:

* Purple Heart
* Vietnam Service Medal with one silver service star and one bronze service star
* Overseas Service Ribbon
* RVN Gallantry Cross with Palm Unit Citation (3rd Award)
* Air Force Outstanding Unit Award



      _____________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)                                         AR20110014778



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ABCMR Record of Proceedings (cont)                                         AR20110014778



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