IN THE CASE OF:	  

		BOARD DATE:	    10 July 2012

		DOCKET NUMBER:  AR20120001507 


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 show award of the Purple Heart.

2.  He states although he was awarded the Purple Heart, it is not shown on his DD Form 214.

3.  He provides:

* A Western Union Telegram, dated 23 July 1968
* Letter orders issued by Naval Hospital, USS Sanctuary, dated 28 July 1968

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 complete service record is not available for review.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.

3.  The applicant enlisted in the Regular Army on 3 July 1967 for a period of
3 years.  He completed training and he was awarded military occupational specialty 62A (Engineer Equipment Assistant).  He served in the Republic of Vietnam with the 42nd Infantry Platoon Scout Dog, 1st Brigade, 101st Air Cavalry Division from 25 January 1968 to 14 September 1968.

4.  He provides a Western Union Telegram, dated 23 July 1968, that shows the Adjutant General informed his mother he was slightly wounded in Vietnam on
19 July 1968 as a result of hostile action.  He received metal fragment wounds to the left arm, left hand, right arm, right shoulder, and head.  He was on a combat operation when hit by fragments from a hostile boobytrap.

5.  He provides a USS Sanctuary Letter Order, dated 28 July 1968, that shows he was awarded the Purple Heart by the commanding officer of the Naval Hospital for wounds sustained on 19 July 1968 in the Republic of Vietnam.

6.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing shows the applicant's name is listed as a casualty, on 19 July 1968 for wounds sustained as a result of hostile action.

7.  A review of the Awards and Decorations Computer-Assisted Retrieval System, 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 any orders for the Purple Heart pertaining to the applicant.

8.  On 13 March 1972, he was discharged from active duty.  The DD Form 214 he was issued at the time show he was awarded or authorized the:

* National Defense Service Medal
* Combat Infantryman Badge
* Vietnam Service Medal
* one overseas service bar

9.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.

	a.  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 four campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* 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)

	b.  The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

10.  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 42nd Infantry Platoon, 1st Brigade, 101st Air Cavalry Division, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 July 1968 through 14 May 1969 by Department of the Army General Order (DAGO) Number 43, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 through 2 May 1970 by DAGO Number 48, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows he was awarded the Purple Heart for wounds sustained as a result of hostile action while serving in the Republic of Vietnam on 19 July 1968.  Therefore, his DD Form 214 should be corrected to show this award.

2.  The applicant participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.
3.  He completed a qualifying period of service for entitlement to the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show this award.

4.  General orders cited his unit in Vietnam for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his tenure in Vietnam.  Therefore, his DD Form 214 should be corrected 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 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 his DD Form 214 the Vietnam Service Medal; and

	b.  adding to his DD Form 214 the:

* Purple Heart
* Vietnam Service Medal with four bronze service stars
* 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



      __________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)                                         AR20120001507



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ABCMR Record of Proceedings (cont)                                         AR20120001507



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