BOARD DATE:	  3 January 2013

		DOCKET NUMBER:  AR20120010506 


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) for the period ending 4 March 1971 to show award of the Purple Heart with 1st Oak Leaf Cluster, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars for wear on his already-awarded Vietnam Service Medal.

2.  The applicant states:

* his DD Form 214 is inaccurate and does not show the awards to which he is entitled
* his DD Form 214 shows the entry "PA w/olc" which should read "Purple Heart with Oak Leaf Cluster"
* he is entitled to three bronze service stars for the Vietnam Service Medal
* he is entitled to the Valorous Unit Award and Republic of Vietnam Gallantry Cross with Palm Unit Citation

3.  The applicant provides:

* DD Form 214 for the period ending 4 March 1971
* excerpts from Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register)
* Orders for the Valorous Unit Award



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 21 October 1968 for a period of 3 years.  He arrived in Vietnam on 16 June 1969.  He served as a medical specialist assigned to Company D, 1st Battalion, 61st Infantry, in Vietnam from 24 June 1969 to 15 June 1970.  On 4 March 1971, he was honorably discharged for immediate reenlistment.

3.  His DD Form 214 for the period ending 4 March 1971 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Combat Medical Badge
* "PA w/olc"
* Army Commendation Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* two overseas service bars

4.  He reenlisted on 5 March 1971 for a period of 6 years.  On 21 June 1972, he was discharged under other than honorable conditions.  His DD Form 214 for the period ending 21 June 1972 does not show any authorized awards.

5.  Orders show he was awarded the Purple Heart for wounds received in action on 27 November 1969.  His records also show he received a back injury as a result of hostile action on 3 March 1970.

6.  Records show he participated in three campaigns during his assignment in Vietnam.

7.  Department of the Army Pamphlet 672-3 lists the awards received by units serving in Vietnam.  This pamphlet shows the 1st Battalion, 61st Infantry was cited for award of the Valorous Unit Award for actions during the period 
11-15 November 1969 by Department of the Army General Orders (DAGO) Number 52, dated 1974.

8.  DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

9.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.

10.  Army Regulation 600-8-22 states an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's Vietnam unit was cited for award of the Valorous Unit Award during his period of assignment.  His DD Form 214 for the period ending 4 March 1971 should be corrected to show this unit award.

2.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant served in Vietnam during a qualifying period; therefore, he is entitled to correction of his DD Form 214 for the period ending 4 March 1971 to show this unit award.

3.  He participated in three campaigns during his assignment in Vietnam which entitles him to the Vietnam Service Medal with three bronze service stars.  His DD Form 214 for the period ending 4 March 1971 should be corrected to show this award.

4.  The entry "PA w/olc" shown on his DD Form 214 for the period ending 4 March 1971 is not an authorized award entry.  Since his records show he was wounded in action on two occasions during his assignment in Vietnam, it is reasonable to presume the entry was for the Purple Heart with 1st Oak Leaf Cluster (currently represented as the Purple Heart (2nd Award)) and his DD Form 214 should be corrected accordingly.

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 award of the "PA w/olc" from his DD Form 214 for the period ending 4 March 1971 and

	b.  adding award of the Purple Heart (2nd Award), Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars for wear on his already-awarded Vietnam Service Medal to his DD Form 214 for the period ending 4 March 1971.



      _________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)                                         AR20120010506



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120010506



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1