BOARD DATE:	  9 October 2012

		DOCKET NUMBER:  AR20120005936 


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 for injuries he incurred and the Air Medal.

2.  He states he was given these medals, but they were not appropriately annotated on his DD Form 214.

3.  He provides a DA Form 1577 (Authorization for Issuance of Awards) and a citation and certificate for award of the Air Medal.  

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 16 May 1966.  Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

   a.  item 31 (Foreign Service), he served in Vietnam from 30 October 1966 to 29 October 1967.
   
   b.  item 38 (Record of Assignments), he was assigned to Company A, 1st Battalion, 12th Cavalry Regiment, 1st Cavalry Division from 6 November 1966 to 25 April 1967 and from 12 August to 28 October 1967. 
   
   c.  item 38, he was in a patient status from 26 April to 26 May 1967.
   
   d.  item 40 (Wounds), he sustained multiple fragment wounds to both of his legs, right hand, and left shoulder on 12 April 1967.
   
   e.  item 41 (Awards and Decorations), he was awarded the Purple Heart by Headquarters, 1st Cavalry Division, General Orders Number 36, in 1967.  These orders are not included in his service personnel record.
   
4.  His name is listed on the Vietnam Casualty Roster and shows he was wounded in action on 12 April 1967.

5.  Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 2426, dated 18 May 1967, show he was awarded the Air Medal for meritorious achievement while participating in aerial flight from 15 November 1966 to 31 March 1967.  

6.  He was released from active duty on 15 May 1968 and was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation.  

7.  His DD Form 214 shows award of the National Defense Service Medal, Marksman Marksmanship Qualification Badge with Rifle Bar, Army Good Conduct Medal, Combat Infantryman Badge, Second Class Gunner Marksmanship Qualification Badge, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal with one bronze service star, and Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60).

8.  He provided a DA Form 1577, dated 9 May 2002, which indicates he was issued a Purple Heart medal set.  
9.  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.

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 unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 19 May 1969 by Department of the Army General Order Number 56, dated 1969.

11.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

12.  Army Regulation 600-8-22, 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 Vietnam Counteroffensive Phase II and Vietnam Counteroffensive Phase III campaigns.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DA Form 20 shows he was wounded in action on 12 April 1967 and was awarded the Purple Heart by Headquarters, 1st Cavalry Division, General Orders Number 36.  In addition, his name is listed on the Vietnam Casualty Roster and shows he was wounded in action on 12 April 1967. Therefore, there is sufficient evidence to correct his DD Form 214 to show award of the Purple Heart.  

2.  General orders show he was awarded the Air Medal for meritorious achievement from 15 November 1966 to 31 March 1967.  Therefore, his DD Form 214 should be amended to show this award. 

3.  His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be amended to reflect this foreign unit award.
4.  He participated in two campaign phases during his service in Vietnam.  However, his DD Form 214 shows only one bronze service star for wear on his Vietnam Service Medal.  Therefore, he is entitled to two 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.

BOARD VOTE:

___x_____  __x______  __x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 the Vietnam Service Medal with one bronze service star from his DD Form 214; and
   
   b.  amending his DD Form 214 by adding award of the Purple Heart, Air Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Vietnam Service Medal with two bronze service stars.



      _______ _ 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)                                         AR20120005936





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ABCMR Record of Proceedings (cont)                                         AR20120005936



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