IN THE CASE OF:	  

		BOARD DATE:	  3 January 2013

		DOCKET NUMBER:  AR20120010852 


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 with 2nd Oak Leaf Cluster
* Air Medal
* Army Commendation Medal with 1st Oak Leaf Cluster
* Bronze Star Medal with "V" Device

2.  The applicant states he was awarded all these medals, but they are not shown on his DD Form 214 or DD Form 215 (Correction to DD Form 214).

3.  The applicant provides:

* DD Form 214 and DD Form 215
* Purple Heart Certificate, dated 14 June 1968
* General Orders (GO) Number 9074 and Purple Heart Certificate, dated 22 August 1968
* GO Number 9603 and Purple Heart Certificate, dated 1 September 1968
* GO Number 11512 and Army Commendation Medal with "V" Device Certificate, dated 10 November 1968
* GO Number 1775 and Bronze Star Medal Certificate, dated 10 March 1969
* GO Number 1835 and Air Medal Certificate, dated 20 March 1969
* 
GO Number 2539 showing award of the Army Commendation Medal with 1st Oak Leaf Cluster, dated 9 April 1969

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 records show he was inducted into the Army of the United States on 3 November 1967 and he held military occupational specialty 11B (Light Weapons Infantryman).

3.  Special Orders (SO) Number 312 issued by Headquarters, U.S. Army Training Center, Fort Campbell, KY, on 28 December 1967 awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  SO Number 039 issued by Headquarters, U.S. Army Training Center, Infantry, Fort Polk, LA, on 14 February 1968 awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  SO Number 057 issued by Headquarters, U.S. Army Training Center, Infantry, Fort Polk, LA, on 5 March 1968 awarded him the Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60).

6.  He served in Vietnam from on or about 18 April 1968 to 7 June 1969.  He was assigned to Company A, 2nd Battalion, 1st Infantry Regiment, 1st Infantry Division.  While serving in Vietnam, Headquarters, 1st Infantry Division, published the following GO/SO:

* GO Number 5775 on 22 June 1968 awarding him the Purple Heart for wounds received in action on 14 June 1968
* GO Number 9074 on 26 August 1968 awarding him the Purple Heart for wounds received in action on 22 August 1968
* GO Number 9603 on 7 September 1968 awarding him the Purple Heart with 1st Oak Leaf Cluster for wounds received in action on 1 September 1968
* GO Number 11512 on 30 October 1968 awarding him the Army Commendation Medal with "V" Device for heroism on 1 September 1968
* GO Number 1775 on 10 March 1969 awarding him the Bronze Star Medal with "V" Device for heroism in action on 31 October 1968
* GO Number 1835 on 12 March 1969 awarding him the Air Medal for achievement from 7 May 1968 to 1 January 1969

7.  He was honorably released from active duty in the rank/grade of sergeant/E-5 on 10 June 1969.  He completed 1 year, 7 months, and 8 days of active service with no lost time.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Army Commendation Medal with "V" Device
* Combat Infantryman Badge
* Army Good Conduct Medal

8.  On 26 April 2006, he was issued a DD Form 215 that added the Purple Heart with Oak Leaf Cluster.

9.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that during his service in Vietnam, campaign participation credit was awarded for the following campaigns.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign:

* Vietnam Counteroffensive Phase IV, 2 April-30 June 1968
* Vietnam Counteroffensive Phase V, 1 July-1 November 1968
* Vietnam Counteroffensive Phase VI, 2 November 1968-22 February 1969
* Tet 69 Counteroffensive 1969, 23 February-8 June 1969

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 during his service with the 2nd Battalion, 1st Infantry Regiment, this unit was cited for award of the:
* 
Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 12 July 1965 to 16 October 1968 by Department of the Army GO Number 21, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 1 October 1965 to 7 April 1970 by Department of the Army GO Number 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant three awards of the Purple Heart for wounds received in action on 14 June, 22 August, and 1 September 1968.  He was issued a DD Form 215 that added only a second award of the Purple Heart.  Therefore, he is entitled to correction of his DD Form 214 to show three awards of the Purple Heart.

2.  GO awarded him the Bronze Star Medal with "V" Device and Air Medal, neither of which is shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  GO awarded him two awards of the Army Commendation Medal, one of which with a "V" device.  His DD Form 214 listed only one award.  Therefore, he is entitled to correction of his DD Form 214 to show both awards.

4.  SO awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60), none of which is shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these badges.

5.  GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, neither of which is shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

6.  The evidence of record shows he was awarded the Vietnam Service Medal.  Additionally, records show he participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars to be affixed to his Vietnam Service Medal.


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:

* deleting award of the Vietnam Service Medal and Army Commendation Medal with "V" Device from his DD Form 214
* voiding his DD Form 215
* adding the following awards to his DD Form 214:

* Bronze Star Medal with "V" Device
* Purple Heart (3rd Award)
* Air Medal
* Army Commendation Medal (2nd Award) and "V" Device
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60)



      ____________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)                                         AR20120010852



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120010852



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1