BOARD DATE:	  4 June 2013

		DOCKET NUMBER:  AR20120020330 


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 Report of the United States Report of Transfer or Discharge) to show his award of the Purple Heart.

2.  The applicant states the Purple Heart is not annotated on his DD Form 214 and he is applying for Department of Veterans Affairs (VA) benefits.

3.  The applicant provides a copy of his Purple Heart Certificate.

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 was commissioned as an officer in the U.S. Army Reserve (USAR) and he was ordered to active duty on 6 November 1967.  He served in the Vietnam from 19 October 1968 through 15 October 1969.

3.  His DA Form 66 (Officer Qualification Record) shows in item 18 (Record of Assignments) that while serving in Vietnam he was assigned to 1st Battalion, 14th Infantry Regiment, 4th Infantry Division during the period 20 November 1968 to 12 October 1969.

4.  On 5 November 1970, he was honorably released from active duty after completing 3 years, 11 months, and 24 days of total active service.  Item 13 of the DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued at the time shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device "1960"
* Silver Star
* Bronze Star Medal
* two overseas service bars

5.  The applicant provides a Purple Heart Certificate that shows he was awarded the Purple Heart for wounds received in action in Vietnam on 10 March 1969.

6.  The Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, contains a copy of General Orders Number 780, issued by Headquarters, 4th infantry Division, dated 17 March 1969, that awarded the applicant the Purple Heart for wounds received by a hostile force in Vietnam on 10 March 1969.

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 four campaigns:

* Vietnam Counteroffensive, Phase V, (1 July to 1 November 1968)
* Vietnam Counteroffensive, Phase VI (2 November 1968 to 22 February 1969)


* Tet 69/Counteroffensive (23 February - 8 June 1969)
* Vietnam Summer-Fall 1969 (9 June - 31 October 1969)

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 1st Battalion, 14th Infantry, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 through 28 July 1969 by Department of the Army General Order (DAGO) Number 3, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 29 July 1969 through 17 November 1970 DAGO Number 52, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period 1 August 1967 through 31 October 1969 by DAGO Number 53, dated 1970

9.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information) states that not more than one award of the Republic of Vietnam Gallantry Cross Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Purple Heart for wounds received in action in Vietnam on 10 March 1969.  Therefore, his DD Form 214 should be corrected to show this award.

2.  The applicant participated in four campaigns during his service in Vietnam that entitles him to four 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.  The applicant's unit was cited for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and one award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  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 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 from his DD Form 214 the Vietnam Service Medal; and

	b.  adding to his DD Form 214 the:

* Purple Heart
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
(2nd Award)
* 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)                                         AR20120020330



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ABCMR Record of Proceedings (cont)                                         AR20120020330



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