BOARD DATE:	  20 September 2012

		DOCKET NUMBER:  AR20120005475 


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 Purple Heart.

2.  The applicant states he was separated on temporary records and his Purple Heart was not recorded on his DD Form 214.  

3.  The applicant provides no documentary evidence 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 enlisted in the Regular Army on 30 June 1967.  He was trained in and awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire 


Crewmember).  He was advanced to private first class (PFC)/E-3 on 9 January 1968, and this is the highest rank/grade he attained and held while serving on active duty.

3.  The record shows the applicant served in the Republic of Vietnam from
5 January through 23 June 1968, and that during his Vietnam tour he was assigned to Company C, 2nd Battalion, 12th Infantry Regiment, performing duties in MOS 11C as an infantry indirect fire crewmember and gunner.

4.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) contains an entry indicating the applicant was wounded in action in Vietnam on 12 February 1968 when he received a fragmentation wound to the right hand.  Item 41 (Awards and Decorations) shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Armed Forces Expeditionary Medal - Korea
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

5.  General Orders Number 745, issued by Headquarters, 25th Infantry Division, dated 21 February 1968, awarded the applicant the Purple Heart for wounds received in connection with military operations against a hostile force in Vietnam on 12 February 1968.

6.  On 24 April 1970, the applicant was discharged.  He completed 2 years,
2 months, and 16 days of total active service with 219 days of time lost.

7.  The applicant's DD Form 214 indicates he was separated using temporary records.  His DD Form 214 also shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

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 three 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)

9.  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 2nd Battalion, 12th Infantry Regiment, was cited for award of the:

* Valorous Unit Award for the period 31 January through 19 February 1968 by Department of the Army General Orders (DAGO) Number 48, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1967 through August 1968 by DAGO Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 through 21 January 1970 by DAGO Number 51, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was wounded in action in the Republic of Vietnam on 12 February 1968, and he was awarded the Purple Heart by proper authority in General Orders Number 745, dated 21 February 1968.  Therefore, his DD Form 214 should be corrected to show this award.

2.  Further, based on his Vietnam service and campaign participation, he is also entitled to the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and 3 bronze service stars for wear on his already-awarded VSM.  Therefore, his DD Form 214 should be corrected accordingly.

3.  In addition, the applicant's DA Form 20 confirms he earned the Combat Infantryman Badge, Armed Forces Expeditionary Medal - Korea, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) that are not shown on his DD Form 214.  Therefore, it would be appropriate at this time to correct his DD Form 214 to show these awards.

4.  In view of the foregoing, the applicant's DD Form 214 should be corrected as recommended below.


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 entry, and

	b.  adding to his DD Form 214 the:

* Purple Heart
* Vietnam Service Medal with 3 bronze service stars
* Armed Forces Expeditionary Medal - Korea
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Combat Infantryman Badge 
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar



      _________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)                                         AR20120005475



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ABCMR Record of Proceedings (cont)                                         AR20120005475



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