IN THE CASE OF:
BOARD DATE: 24 January 2013
DOCKET NUMBER: AR20120012120
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add his Purple Heart. He also requests reissuance of his certificate for award of the Purple Heart.
2. The applicant states when he came home from Vietnam his girlfriend tore up his certificate for award of the Purple Heart.
3. The applicant provides no additional evidence.
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 applicants 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 applicants 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 19 June 1969 and he held military occupational specialty 11B (Light Weapons Infantryman).
3. His record does not contain a DA Form 20 (Enlisted Qualification Record).
4. His DD Form 214 shows he was honorably released from active duty on
18 June 1971 and he served in Vietnam from 23 December 1969 to
19 November 1970. This form also shows he received the:
* Army Commendation Medal (2nd Award)
* Republic of Vietnam Campaign Medal
* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
5. 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, revealed Department of the Army General Orders (DAGO) Number 2161, issued by Headquarters Americal Division, on 24 April 1968 awarded him the Purple Heart for wounds he sustained in action on 13 April 1968.
6. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), paragraph 6d states that DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.
7. 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 Winter - Spring 1970, 1 November 1969 - 30 April 1970
* Sanctuary Counteroffensive, 1 May - 30 June 1970
* Vietnamese Counteroffensive Phase VII, 1 July 1970 - 30 June 1971
DISCUSSION AND CONCLUSIONS:
1. During the processing of this case it was noted that the applicant's Purple Heart was not annotated on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to add this award. He should also be reissued a replacement certificate.
2. The applicant's DD Form 214 listed the Vietnam Service Medal with two bronze service stars. However, evidence shows he participated in three campaigns; therefore, he is entitled to correction of his DD Form 214 to show the Vietnam Service Medal with three bronze service stars.
3. His DA Form 20 was missing from his records; therefore, it was impossible to ascertain the precise unit or units to which he may have been assigned during his service in Vietnam. Nevertheless, DAGO Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973. Therefore, he is entitled to correction of his DD Form 214 to add this unit citation.
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 from his DD Form 214 the Vietnam Service Medal with two bronze service stars;
b. adding to his DD Form 214 the:
* Purple Heart
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
c. reissuing his certificate for award of the Purple Heart.
_______ _ 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) AR20120012120
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ABCMR Record of Proceedings (cont) AR20120012120
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