BOARD DATE:	  14 June 2012

		DOCKET NUMBER:  AR20120001074 


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 the records of her late husband, a former service member (FSM), be corrected to show award of the Purple Heart (PH) posthumously. 

2.  The applicant states the FSM was listed as Killed in Action (KIA) and he was never awarded the PH.  She received records from the National Personnel Records Center (NPRC); however, there was no mention of the PH.  She needs it added to orders to provide verification to the Department of Veterans Affairs (VA). 

3.  The applicant provides the following documents:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* DD Form 1300 (Report of Casualty)
* DA Form 20 (Enlisted Qualification Record)
* DA Form 52-2 (Report of Casualty)
* VA Form 40-1330 (Application for Standard Government Headstone or Marker)

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 FSM’s records show he enlisted in the Iowa Army National Guard (IAARNG) on 20 January 1965 for a period of 6 years.  He was ordered to active duty for training (ADT) on 13 November 1965 and was released from active duty on 9 April 1966.  He was trained in and awarded military occupational specialty 11B (Light Weapons Infantryman).  The highest rank/grade the FSM attained while serving on active duty was private/E-2.

3.  He was ordered to active duty on 18 May 1968.  

4.  The FSM's records show he served in Republic of Vietnam (RVN) with Company A and C, 1st Battalion, 2nd Infantry, from 8 May 1969 to 13 August 1969. 

5.  The FSM records contain a DD Form 1300 which shows he was KIA in RVN on 13 August 1969 in the rank of sergeant (SGT). 

6.  General Orders Number 9000 issued by Headquarters,1st Infantry Division, on 21 August 1969, posthumously awarded the FSM the BSM for meritorious service from May 1969 to August 1969.

7.  His records contain a letter from the Department of the Army, Office of The Adjutant General (TAG), Washington DC, dated 27 October 1969.  TAG posthumously awarded the FSM the PH and the BSM.  The letter also stated the FSM was previously awarded the National Defense Service Medal (NDSM), the Vietnam Service Medal (VSM) with one bronze service star, the RVN Campaign Medal with "V" Device 1960, the Combat Infantryman Badge (CIB), and the Marksman Marksmanship Qualification Badge with Pistol Bar.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during the FSM's tenure with 1st Battalion, 2nd Infantry, this unit was awarded the Republic of Vietnam Gallantry Cross with 

Palm Unit Citation for service from 8 May 1969 to 13 August 1969 based on Department of the Army General Orders Number 8, dated 1974.  The FSM's unit was also awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the same period of service based on Department of the Army General Orders Number 53, dated 1970.

9.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states 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, campaign participation credit was awarded for the:

* Tet 69 Counteroffensive, which extended from 23 February through 8 June 1969
* Vietnam Summer-Fall 1969, which extended from 9 June through 31 October 1969

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request that the FSM be awarded the PH posthumously has been carefully considered.  

2.  The FSM was killed in action on 13 August 1969 while serving in Vietnam.  He was posthumously awarded the PH and BSM.  He was also previously awarded the NDSM, the VSM with one bronze service star, the RVN Campaign Medal with Device 1960, the CIB, and the Marksman Marksmanship Qualification Badge with Pistol Bar.  As a matter of clarity, he should be issued an appropriate document to record these awards.

3.  General orders awarded the FSM's unit the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his records to show these unit awards. 

4.  The FSM was awarded the VSM with one bronze service star.  He participated in two campaigns while serving in the RVN; therefore, he is entitled to two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.


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 issuing the applicant an appropriate document that shows the FSM was awarded the:

* PH 
* BSM
* CIB
* NDSM
* Marksman Marksmanship Qualification Badge, with Pistol Bar 
* Republic of Vietnam Campaign Medal with Device 1960 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* two bronze service stars to be affixed to his already-awarded Vietnam Service Medal




_______X _   _______   ___
o 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)                                         AR20120001074



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ABCMR Record of Proceedings (cont)                                         AR20120001074



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