IN THE CASE OF:
BOARD DATE: 31 January 2013
DOCKET NUMBER: AR20120012920
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 his award of the Purple Heart and any other awards he is authorized.
2. The applicant states he was awarded the Purple Heart and it is not reflected on his DD Form 214. He also states that all of his authorized awards are not reflected.
3. The applicant provides:
* his DD Form 214
* DA Form 8-275-3 (Clinical Record Cover Sheet), dated 12 December 1967
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 25 July 1966. He completed his basic training at Fort Dix, NJ and his advanced individual training as a light weapons infantryman at Fort Jackson, SC. He was then transferred to Fort Hood, TX for his first assignment.
3. On 11 June 1967, he was transferred to Vietnam for assignment with the
1st Battalion, 26th Infantry Regiment, 1st Infantry Division.
4. Special Orders Number 216, issued by Headquarters, 1st Infantry Division, dated 4 August 1967, awarded the applicant the Combat Infantryman Badge.
5. On 7 December 1967, the applicant sustained a gunshot wound to the left upper arm as a result of hostile action. He was awarded the Purple Heart by the 93rd Evacuation Hospital Commander in General Orders Number 293, dated
9 December 1967.
6. He departed Vietnam on 10 June 1968 and was transferred to Oakland Army Base, CA where he was honorably released from active duty (REFRAD) on the same date as an overseas returnee. He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation. He completed 1 year, 10 months, and 16 days of total active service. The DD Form 214 he was issued at the time shows he was awarded the:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
7. Army Regulation 600-8-22, 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 Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
8. 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 12 July 1965 through 16 October 1968 by Department of the Army General Order (DAGO) Number 21, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1965 through 7 April 1970 by DAGO Number 53, dated 1970
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the Purple Heart and the CIB during his service in Vietnam. Therefore, his DD Form 214 should be corrected to show these awards.
2. The applicant served in three campaigns during his service in Vietnam that entitles him to three bronze service stars for wear on his already-awarded Vietnam Service Medal. Therefore, his DD Form 214 should be corrected to show these bronze service stars.
3. During his period of assignment in Vietnam, his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, his
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 his DD Form 214 the Vietnam Service Medal
* Adding to his DD Form 214 the:
* Purple Heart
* Vietnam Service Medal with three bronze service stars
* Combat Infantryman Badge
* 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) AR20120012920
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120012920
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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