IN THE CASE OF:	  

		BOARD DATE:	  19 July 2012

		DOCKET NUMBER:  AR20120001140 


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:

	a.  correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded or authorized the Purple Heart with 1st Oak Leaf Cluster, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Army Valorous Unit Award, and any other awards to which he may be entitled;

	b.  correction of the spelling of his last name in his Bronze Star Medal with "V" Device orders; and

	c.  correction of the orders awarding him the Purple Heart to show the date he was wounded in action as 13 May 1969.

2.  The applicant states his second Purple Heart and one of the bronze service stars with his Vietnam Service Medal were omitted from his DD Form 214.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation and Valorous Unit Award were awarded to his unit after his discharge.  The misspelling of his last name on his Bronze Star Medal with "V" Device orders and the wrong date shown on his Purple Heart orders are typographical errors.

3.  The applicant provides a self-authored letter and copies of his DD Form 214; Purple Heart and Purple Heart with 1st Oak Leaf Cluster orders; Bronze Star Medal with "V" Device with 1st Oak Leaf Cluster orders; and excerpts from the Americal Division official history website documenting the division's heraldry, lineage, and unit citations.

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 29 August 1968.  His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 8 March 1969 through 3 March 1970 while assigned to the 3d Battalion, 21st Infantry Regiment, 196th Infantry Brigade, and as liaison to the 91st Evacuation Hospital.

3.  Headquarters, 91st Evacuation Hospital (Semi-Mobile), General Orders Number 75, dated 18 November 1969, awarded him the Purple Heart for wounds sustained in action on 12 May 1969 and the Purple Heart with 1st Oak Leaf Cluster for wounds sustained in action on 14 May 1969.

4.  Headquarters, Americal Division, General Orders Number 1353, dated 10 February 1970, awarded him the Bronze Star Medal with "V" Device and 1st Oak Leaf Cluster for heroism in connection with ground operations against a hostile force in the Republic of Vietnam on 13 May 1969.  The standard name line of these orders show his correct social security number and his last name spelled with an extra "UL" as the fourth and fifth characters.

5.  Item 38 (Record of Assignments) of his DA Form 20 shows he received exclusively "excellent" conduct and efficiency ratings throughout his service.

6.  Item 40 (Wounds) of his DA Form 20 shows he sustained fragment wounds to both of his arms and legs on 12 May 1969 and fragment wounds to his right leg on 14 May 1969.

7.  He was honorably released from active duty on 4 June 1970.  He completed 1 year, 9 months, and 6 days of active duty service including 1 year of foreign service in the Republic of Vietnam.

8.  His DD Form 214 shows he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal, Combat Medical Badge, Republic of Vietnam Campaign Medal, Bronze Star Medal, Bronze Star Medal with "V" Device, Purple Heart, and Expert Marksmanship Qualification Badge with Rifle Bar.

9.  His name is not shown on the Vietnam casualty listing and his medical records are not available for review.

10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.  

11.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star is worn on the appropriate service ribbon for each campaign listed in appendix B, to include the Vietnam Service Medal.  Appendix B shows campaign participation credit was awarded for the following campaigns during the applicant's service in Vietnam:

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

12.  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 the 3d Battalion, 21st Infantry Regiment, was cited for award of the:

* Valorous Unit Award for the period 13 May-17 June 1969 in Department of the Army General Orders Number 43, dated 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 16 April-28 August 1969 in Department of the Army General Orders Number 6, dated 1974
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 24 August-31 December 1969 in Department of the Army General Orders Number 42, dated 1972

13.  Department of the Army Pamphlet 672-3 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions were carefully considered and determined to have partial merit.

2.  His records show he received exclusively "excellent" conduct and efficiency ratings throughout his service.  His records contain no unfavorable information or a commander's disqualification which would preclude him from being awarded the first award of the Army Good Conduct Medal.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for the period 29 August 1968 through 4 June 1970 and his DD Form 214 should be corrected to show this medal.

3.  His records show he served in Vietnam from 8 March 1969 through 3 March 1970 and participated in three campaigns.  Therefore, his DD Form 214 should be corrected to show he is authorized award of the Vietnam Service Medal with three bronze service stars.

4.  The evidence shows his unit was awarded the Valorous Unit Award and two Republic of Vietnam Gallantry Cross with Palm Unit Citations during his assignment in Vietnam.  Therefore, his DD Form 214 should be corrected to show he is authorized award of the Valorous Unit Award and Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award).

5.  Headquarters, Americal Division, General Orders Number 1353, dated 10 February 1970, awarding him the Bronze Star Medal with "V" Device and 1st Oak Leaf Cluster show his last name misspelled with an additional "UL" in the fourth and fifth characters.  These orders should be amended to show the correct spelling of his last name as shown on his DD Form 214.

6.  The applicant's DA Form 20 shows he was wounded in action on 12 and 14 May 1969.  His name is not shown on the Vietnam casualty roster and his medical records are not available for review.  As a result, there is insufficient evidence with which to amend Headquarters, 91st Evacuation Hospital (Semi-Mobile), General Orders Number 75, dated 18 November 1969, awarding him the Purple Heart to show the date he was wounded in action as 13 May 1969 in lieu of 12 May 1969.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ___x____  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 29 August 1968 through 4 June 1970;

	b.  amending Headquarters, Americal Division, General Orders Number 1353, dated 10 February 1970, awarding him the Bronze Star Medal with "V" Device and 1st Oak Leaf Cluster to show the spelling of his last name as shown on his DD Form 214;

	c.  deleting the Purple Heart and Vietnam Service Medal from his DD Form 214;

	d.  adding the following awards to his DD Form 214:

* Purple Heart (2nd Award)
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to amending the orders awarding him the Purple Heart to show the date he was wounded in action as 13 May 1969.



      _____________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)                                         AR20120001140





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ABCMR Record of Proceedings (cont)                                         AR20120001140



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