BOARD DATE:	  3 May 2012

		DOCKET NUMBER:  AR20110021792 


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 his award of the Purple Heart.

2.  The applicant states, in effect, he received Permanent Order 205-17, dated 24 July 2003, awarding him the Purple Heart for wounds received as a result of hostile actions on 1 September 1968.

3.  The applicant provides his Purple Heart Certificate, Permanent Order 205-17, and retirement orders.  He also indicates “Meritorious Service Medal”; however, no orders or other relevant document for that award was received with his application.

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 served on active duty from 21 September 1967 through 31 May 1987 with service in Vietnam from 7 February 1968 through 6 February 1969 and 17 September 1970 through 12 August 1971.

3.  The available DD Form 214 covers his period of service from 9 June 1977 through his retirement on 31 May 1987.  It shows award of the Vietnam Service Medal but no service stars for campaign participation and one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

4.  Item 38 (Record of Assignments) of the available DA Form 2-1 (Personnel Qualification Record - Part II) shows assignments beginning on 1 December 1972, subsequent to his service in Vietnam.  However, item 5 (Overseas Service) shows he served in Vietnam twice and item 9 (Awards, Decorations & Campaigns) shows he served in six campaign periods and his awards included three awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

5.  Permanent Order 205-17, issued by the U.S. Total Army Personnel Command, Alexandria, VA, dated 24 July 2003, awarded him the Purple Heart for a wound received as a result of hostile actions on 1 September 1968 while serving with Company B, 2nd Battalion, 34th Armor in Vietnam.

6.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star will be worn in lieu of five bronze service stars.  Appendix B lists the authorized campaigns and inclusive periods.  Based on the applicant's service in Vietnam from 7 February 1968 through 6 February 1969 and 17 September 1970 through 12 August 1971, he participated in the following six campaigns:

* 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 VI (2 November 1968 - 22 February 1969)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July - 30 November 1971)

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) states not more than one Republic of Vietnam 

Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.

8.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information) states that not more than one award of the Republic of Vietnam Gallantry Cross 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.  Permanent Order 205-17 awarded the applicant the Purple Heart for being wounded in action in Vietnam on 1 September 1968.  Therefore, his DD Form 214 for the period ending 31 May 1987 should be corrected to show this award.

2.  The applicant served in Vietnam during six campaign periods.  Therefore, his 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 for the period ending 31 May 1987 to show the service stars.

3.  While regulations state that only one Republic of Vietnam Gallantry Cross with Palm Unit Citation is authorized for wear, records will indicate all awards received.  Therefore, his DD Form 214 for the period ending 31 May 1987 should be corrected to show three awards of this unit citation.

4.  Records show the unit(s) to which he was assigned in Vietnam was awarded two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 for the period ending 31 May 1987 should be corrected to show both 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:

	a.  deleting from his DD Form 214 for the period ending 31 May 1987 the:

* Vietnam Service Medal
* "Vietnam Cross of Gallantry with Palm"
* "Vietnam Civil Action Honor Medal (1st Class)"

	b.  adding to his DD Form 214 for the period ending 31 May 1987 the:

* Purple Heart
* Vietnam Service Medal with one silver and one bronze service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
(3rd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd 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)                                         AR20110021792



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ABCMR Record of Proceedings (cont)                                         AR20110021792



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