BOARD DATE:	  24 May 2012

		DOCKET NUMBER:  AR20110022883 


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 add:

* the Army Commendation Medal
* two Bronze Star Medals with “V” Device (2d and 3d awards) 
* Purple Heart (2d award) for wounds received in Vietnam

2.  He states his DD Form 214 does not show his awards.

3.  He provides: 

* three orders
* three Bronze Star Medal certificates
* two Purple Heart certificates
* one Army Commendation Medal certificate

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 was inducted into the Army of the United States on 12 March 1968.  

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

   a.  item 31 (Foreign Service) he served in Vietnam from 19 March 1969 to 30 January 1970; 
      
   b.  item 38 (Record of Assignments) he served in Vietnam with B Company, 2d Battalion, 8th Infantry Regiment, 4th Infantry Division; and 
   
	c.  item 40 (Wounds) busted ear drums on 10 January 1970.

4.  He submitted a certificate, dated 15 July 1969, which shows he was awarded the Purple Heart for wounds received on 24 June 1969.

5.  His record contains General Orders 4, issued by Headquarters, 106th General Hospital, dated 23 January 1970, which awarded him the Purple Heart for wounds received on 11 January 1970.

6.  His name is listed on the Vietnam casualty roster twice as being wounded in action on 24 June 1969 and 10 January 1970.

7.  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, revealed that Headquarters, 4th Infantry Division issued General Orders Number:

	a.  7284, dated 26 November 1969, which show he was awarded the Bronze Star Medal with “V” Device for heroism on 21 October 1969;

   b.  882, dated 11 February 1970, which show he was awarded the Army Commendation Medal for the period March 1969 to March 1970; 
	
   c.  1372, dated 9 March 1970, which show he was awarded the Bronze Star Medal with “V” Device (2d oak leaf cluster (3d award)) for heroism on 10 January 1970; and 
   d.  1827, dated 25 March 1970, which show he was awarded the Bronze Star Medal with “V” Device (1st oak leaf cluster (2d award)) for heroism on 22 November 1969.

8.  He was honorably released from active duty on 12 March 1970 and transferred to the U.S. Army Reserve Control Group (Reinforcement) for completion of his Reserve obligation.  His DD Form 214 shows award or authorization for the Expert Marksmanship Qualification Badge with Rifle Bar, National Defense Service Medal, Parachutist Badge, Bronze Star Medal, Vietnam Service Medal, Combat Infantryman Badge, Republic of Vietnam Campaign Medal with “1960” Device, 2 Overseas Service Bars, Good Conduct Medal, and Purple Heart.

9.  Army Regulation 600-8-22 (Military Awards), 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.  Appendix B shows that during his service in Vietnam, the applicant participated in the following campaigns:

* Tet 69 Counteroffensive 1969 (23 February to 8 June 1969)
* Vietnam Summer-Fall 1969 (9 June to 31 October 1969)
* Vietnam Fall-Spring 1970 (1 November 1969 to 30 April 1970)

10.  A review of his record indicates he is entitled to additional awards that are not shown on his DD Form 214.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the unit to which the applicant was assigned was cited for award of the:

   a.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for action during the period 29 July to 17 November 1970, by Department of the Army General Orders (DAGO) Number 52, dated 1971; and 

   b.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for action during the period 1 October 1966 to 31 October 1969, by DAGO Number 53, dated 1970.



DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant was awarded two Purple Hearts for wounds received on 24 June 1969 and 11 January 1970.  Therefore, his record should be corrected to show award of the Purple Heart (2d award).

2.  General Orders show he was awarded two additional Bronze Star Medals with “V” Device.  Therefore, he is entitled to have his record corrected to show award of the Bronze Star Medal with “V” Device (3d award).

3.  General orders show he was awarded the Army Commendation Medal.  Therefore, he is entitled to have his record corrected to show award of the Army Commendation Medal.

4.  DAGO show the unit the applicant was assigned to in Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

5.  The applicant participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

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 from item 24 of his DD Form 214 the Bronze Star Medal, Purple Heart, and Vietnam Service Medal; and 
   
	b.  adding to item 24 of his DD Form 214 Bronze Star Medal with “V” Device 
(3d award), Army Commendation Medal, Purple Heart (2d award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Vietnam Service Medal with three bronze service stars.
   
   
   
      _______ _  _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)                                         AR20110022883





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ABCMR Record of Proceedings (cont)                                         AR20110022883



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