IN THE CASE OF:	  

		BOARD DATE:	  9 June 2012

		DOCKET NUMBER:  AR20110016385 


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 of Discharge) to add the Purple Heart.

2.  The applicant states he has a Purple Heart citation.  He thought that when he ordered his medals that his DD Form 214 would be updated.

3.  The applicant provides a DA Form 1577 (Authorization for Issuance of Awards) and his 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's records show he was inducted into the Army of the United States and entered active duty on 15 June 1966.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  

3.  His record shows he was assigned to C Company, 2nd Battalion, 27th infantry Brigade, in Vietnam from 27 November 1966 to 11 August 1976.

4.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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 for the Purple Heart pertaining to the applicant.

5.  The Vietnam casualty roster shows he sustained a wound as a result of hostile fire on 26 February 1967, he was hospitalized, and treatment for his wounds.

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

7.  He was honorably released from active duty in the rank/grade of specialist four/E-4 on 9 June 1968.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal
* Combat Infantryman Badge
* Vietnam Service Medal 
* Army Commendation Medal
* Army Good Conduct Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

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


9.  His records contain General Orders (GO) Number 1759, dated 15 May 1967, which awarded him with the Army Commendation Medal with "V" Device.

10.  His records contain Award Order number 182, dated 5 May 1968, which awarded him with the Republic of Vietnam Gallantry Cross with Bronze Star for heroic action and valor while fighting the enemy.  

11.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) stated the Republic of Vietnam Gallantry Cross as a personal decoration was awarded to personnel who conducted themselves with heroic action and displayed deeds of valor while fighting the enemy.  The more gallant and noteworthy the act, the higher the level of the award.  This decoration was awarded in four degrees: with Palm, with Gold Star, with Silver Star, and with Bronze Star.  Approval to accept and to wear a personal award of the Republic of Vietnam Gallantry Cross required approval by the Commanding General of United States Army, Vietnam.  As with all foreign awards, each recipient of an approved foreign award was provided a copy of the original citation from the foreign government, a translation of the citation if necessary, and a letter authorizing the recipient to receive and wear the decoration.

12.  Appendix B of Army Regulation 600-8-22 shows during his service in Vietnam, campaign participation credit was awarded for the below campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign:

* Vietnam Counteroffensive Phase, July 1966 - 31 May 1967
* Vietnam Counteroffensive Phase III, 1 June 1967 - 29 January 1968

13.  Headquarters, Department of the Army GO (DAGO) Number 48, dated 1971, awarded C Company, 2nd Battalion, 27th infantry Brigade the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January 1966 through August 1969 and DAGO Number 51, dated 1971, awarded this unit the Republic of Vietnam Civil Actions Honor Medal, First Class for the period of 1 June 1966 through 21 January 1970.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's name is on the Vietnam casualty roster which shows he sustained a wound as a result of hostile fire on 26 February 1967 while serving in the Republic of Vietnam and that he was hospitalized to receive treatment for his wound.  Therefore, he is entitled to correction of his DD Form 214 to show the Purple Heart.

2.  The applicant's records contain orders awarding him the Army Commendation Medal with "V" Device and the Republic of Vietnam Gallantry Cross with Bronze Star.  He is therefore entitled to have his DD Form 214 updated to show these awards.

3.  The evidence of record shows he was awarded the Vietnam Service Medal.  Additionally, records show he participated in two campaigns while serving in Vietnam.  Therefore, he is entitled to have his record corrected to show two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

4.  GOs awarded his unit in Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal, First Class which are not shown on his records; therefore, he is entitled to correction of his records 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 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 from item 24 of his DD Form 214 the entry:

* Army Commendation Medal
* Vietnam Service Medal 

* adding to item 24 of his DD Form 214 the: 

* Purple Heart
* Army Commendation Medal with "V" Device 
* Republic of Vietnam Gallantry Cross with Bronze Star 
* Vietnam Service Medal with two bronze service stars 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation





      ___________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)                                         AR20110016385



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ABCMR Record of Proceedings (cont)                                         AR20110016385



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