IN THE CASE OF:	  

		BOARD DATE:	  7 August 2012

		DOCKET NUMBER:  AR20120002888 


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 the Bronze Star Medal with "V" Device and two awards of the Purple Heart.

2.  The applicant states he was awarded the Bronze Star Medal with "V" Device and two awards of the Purple Heart; however, one of the Purple Heart orders contains an incorrect first name. 

3.  The applicant provides orders for a Bronze Star Medal with "V" Device and two orders for the Purple Heart in support of his request.

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 21 July 1965.  He was trained in and awarded military occupational specialty (MOS) 11H (Infantry Direct Fire Crewman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

* item 31 (Foreign Service) he served in the Republic of Vietnam from
* 13 February 1966 through 10 February 1967
* item 38 (Record of Assignments) he served in the Republic of Vietnam with Headquarters and Headquarters Company (HHC) and Company C,
1st Battalion, 5th Infantry Regiment, performing duties in MOS 11B as a rifleman
* item 40 (Wounds) the entry "Laceration Head, 24 November 1966"
* item 41 (Awards and Decorations) among other awards, one award of the Bronze Star Medal and the Purple Heart

4.  General Orders Number 2037, issued by Headquarters, 25th infantry Division, dated 27 December 1966, awarded the applicant the Bronze Star Medal with "V" Device for heroism in action in the Republic of Vietnam on 3 November 1966.

5.  On 26 July 1967, the applicant was honorably released from active duty at the expiration of his term of service.  He completed 2 years of total active service with 6 days of time lost.  He attained the rank/grade of private first class (PFC)/
E-3.  The DD Form 214 he was issued shows he earned the:

* Vietnam Service Medal with 1 bronze service star
* National Defense Service Medal
* RVN Campaign Medal 
* Combat Infantryman Badge
* Purple Heart
* Bronze Star Medal
* Expert Marksmanship Qualification Badge with Recoilless Rifle Bar
* Marksman Marksmanship Qualification Badge with Rifle and Pistol Bars

6.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing shows the applicant's name as a casualty, on 24 November 1966 under casualty status code "23."  This casualty code refers to "hostile wounded in action, not serious, hospitalized."

7.  The applicant provides a copy of General Orders Numbers 1162 and 1607, both issued by Headquarters, 25th infantry Division, dated 1 October and


26 November 1966, respectively.  These orders show the applicant was awarded the Purple Heart for being wounded in action in the Republic of Vietnam on
30 September 1966 and again on 24 November 1966.  It was noted that General Orders Number 1162 lists an incorrect first name for the applicant; however, it contains the applicant's correct assigned Service Number.

8.  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, the applicant participated in the following two campaigns:

* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)
* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) assists commanders in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that during the applicant's tenure of assignment in the Republic of Vietnam, his unit
(1st Battalion, 5th Infantry Regiment) was cited for the:

* Valorous Unit Award for the period January through April 1966 by Department of the Army General Orders (DAGO) Number 2, dated 1967
* RVN Gallantry Cross with Palm Unit Citation for the period January 1966 through August 1968 by DAGO 48, dated 1971
*  RVN Civil Actions Honor Medal First Class Unit Citation for the period
1 January 1966 through 21 January 1970 by DAGO Number 9, dated 1979

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show the Bronze Star Medal with "V" Device and two awards of the Purple Heart have been carefully considered and found to have merit.

2.  General orders awarded the applicant two awards of the Purple Heart, first on 1 October 1966 and again on 26 November 1966.  Therefore, the applicant's
DD Form 214 should be corrected to show two awards of the Purple Heart instead of the one Purple Heart that is currently shown on his DD Form 214.


2.  General orders awarded the applicant the BSM with "V" Device for heroism in action in the Republic of Vietnam on 3 November 1966.  Therefore, the applicant's DD Form 214 should be corrected to show the Bronze Star Medal with "V" Device instead of the Bronze Star Medal that is currently shown on his DD Form 214.

3.  Further, based on his service in the Republic of Vietnam and campaign participation, he is also entitled to correction of his DD Form 214 to show:

* two bronze service stars for wear on his already-awarded Vietnam Service Medal
* the Valorous Unit Award
* the Republic of Vietnam Gallantry Cross with Palm Unit Citation
* the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

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 Bronze Star Medal, Purple Heart, and Vietnam Service Medal with one bronze service star, and

	b.  adding to his DD Form 214 the:

* Bronze Star Medal with "V" Device
* Purple Heart (2nd Award) 
* Vietnam Service Medal with 2 bronze service stars 
* Valorous Unit Award


* 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)                                         AR20120002888



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ABCMR Record of Proceedings (cont)                                         AR20120002888



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