IN THE CASE OF:	  

		BOARD DATE:	  24 January 2013

		DOCKET NUMBER:  AR20120012356 


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 the following corrections to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge):

* Item 22c (Foreign and/or Sea Service) to show 1 year, 1 month, and 1 day
* Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) to show the Parachutist Badge, Purple Heart, and any other awards he is entitled to

2.  He states his DD Form 214 does not show the Parachutist Badge, Purple Heart, and possibly other awards that he should have been awarded during his term of service.  Also, the dates of his Vietnam service are listed in Item 30 (Remarks) on his DD Form 214 and add up to 1 year, 1 month, and 1 day of service.  Item 22c only reflects 1 year and 1 day of service.  He never looked at his DD Form 214 until he had to provide it to the Department of Veterans Affairs for healthcare.

3.  He provides a letter from the American Veterans Service Office.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests the applicant’s DD Form 214 be corrected and the applicant be issued a DD Form 215 (Correction to DD Form 214).

2.  Counsel states that he was pleasantly surprised to find the packet he received from the National Personnel Records Center (NPRC) included a DA Form 20 (Enlisted Qualification Record) which clearly shows on page 4 that the applicant was awarded the Parachutist Badge in addition to the Purple Heart.  It appears orders were published for both awards, but neither was listed on his DD Form 214.  

3.  Counsel provides the applicant’s:

* DA Form 20
* 1970 DD Form 214
* letter from the NPRC

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 military record shows he was inducted into the Army of the United States on 11 March 1969.  He completed training and he was awarded military occupational specialty 13A (Cannoneer).

3.  Special Orders Number 201, issued by Headquarters, The Student Brigade, on 13 August 1969, awarded him the Parachutist Badge.

4.  He served in Vietnam from 14 September 1969 through 14 October 1970, during three campaigns.  He was assigned to the Battery C, 1st Battalion, 30th Artillery, 1st Cavalry Division.

5.  General Orders Number 13898, issued by Headquarters, 1st Infantry Division, on 7 November 1969, awarded him the Purple Heart for wounds received in connection with military operations against a hostile force in Vietnam on 4 November 1969.

6.  He was honorably released from active duty in pay grade E-4 on 14 October 1970, as an overseas returnee, and was transferred to the U.S. Army Reserve Control Group (Annual Training).  He was credited with completing 1 year, 7 months, and 4 days of active service and no time lost.   His DD Form 214 lists the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Army Good Conduct Medal
* Army Commendation Medal
* Air Medal

7.  Item 40 (Awards and Decorations) on his DA Form 20 also lists the:

* Parachutist Badge
* Purple Heart
* Marksman Marksmanship Qualification Badge with Machine Gun and Rifle (M-16) Bars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

8.  Army Regulation 600-8-22 (Military Awards) authorizes a bronze service star based on qualifying service for each campaign listed in appendix B and states that authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.

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 his unit, the 1st Battalion, 30th Artillery, was cited for the:

* Valorous Unit Award for the period 1 May-29 June 1970 by Department of Army General Orders (DAGO) Number 43, dated 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period May 1969-February 1970, by DAGO Number 11, dated 1973
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969-1 February 1970, by DAGO Number 42, dated 1972

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Vietnam from 15 September 1969 through 17 October 1970, a period of 1 year, 1 month, and 2 days.  Therefore, he is entitled to correction to Item 22c of his DD Form 214 to show a credit of 1 year, 1 month, and 2 days.
2.  Orders show he was awarded the Parachutist Badge.  He was also awarded the Purple Heart for wounds received in action in Vietnam on 4 November 1969.  Therefore, he is entitled to correction to his DD Form 214 to show these awards. 

3.  The evidence of record shows he served in Vietnam during three campaigns.  Therefore, he is entitled to the addition of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal and their addition to his DD Form 214.

4.  The evidence of record also shows he was awarded the Marksman Marksmanship Qualification Badge with Machine Gun and Rifle (M-16) Bars and Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar.  Therefore, he is entitled to correction to his DD Form 214 to show these badges.

5.  Orders awarded his unit the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his 1978 DD Form 214 should be corrected to show these unit awards.

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:

* deleting from Item 22c of the applicant's DD Form 214 the entry 1, 0, 1 and replacing it with the entry 1, 1, 2
* deleting from his DD Form 214 the Vietnam Service Medal

* adding to his DD Form 214 the:

* Parachutist Badge
* Purple Heart
* Vietnam Service Medal with three bronze service stars
* Marksman Marksmanship Qualification Badge with Machine Gun and Rifle (M-16) Bars
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation



      _______ _   __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)                                         AR20120012356





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ABCMR Record of Proceedings (cont)                                         AR20120012356



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