IN THE CASE OF:	  

		BOARD DATE:	  4 June 2013

		DOCKET NUMBER:  AR20120020518 


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.

2.  The applicant states he has a letter and the medal but the award is not listed on his DD Form 214.

3.  The applicant provides his DD Form 214, Purple Heart orders and certificate, Army Commendation Medal orders, and the Bronze Star Medal for Heroism orders.

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 inducted into the Army of the United States on 5 June 1968 and he held military occupational specialty 11B (Light Weapons Infantryman).  He arrived in the Republic of Vietnam (RVN) on or about 8 November 1968 and he was assigned to Company E, 1st Battalion, 14th Infantry, 4th Infantry Division from 21 November 1968-5 November 1969.

3.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows he suffered fragment wounds to his face on 9 June 1969.

4.  The Headquarters, 4th Infantry Division issued General Orders:

* Number 3076, dated 14 June 1969, awarding him the Purple Heart for wounds received in connection with ground operations in the RVN on
9 June 1969
* Number 6113, dated 24 September 1969 awarding him the Army Commendation Medal with 1st Oak Leaf Cluster for meritorious service in the RVN from November 1968 to November 1969

5.  He departed the RVN on or about 6 November 1969.

6.  On 4 June 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  He completed 2 years of creditable active duty service.

7.  His DD Form 214 also shows he was awarded or authorized the:

* Bronze Star Medal with “V” Device
* Air Medal
* Good Conduct Medal
* Marksman Marksmanship Qualification Badge with Pistol Bar
* Combat Infantryman Badge
* Vietnam Service Medal with two bronze service stars
* RVN Campaign Medal with Device (1960)
* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
* 1st Class Gunner Marksmanship Qualification Badge with M60 Machine Gun Bar 

8.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that during his service in Vietnam participation credit was awarded for the following campaigns:  Vietnam Counteroffensive, Phase VI; the Tet 69 Counteroffensive; Vietnam Summer-Fall 1969; and the Vietnam Winter-Spring 1970.  A bronze service star is awarded for wear on the Vietnam Service Medal for participation in each campaign.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his assignment to the RVN his unit was awarded:

	a.  the RVN Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders (DAGO) Number 3, dated 1970, for the period 1 September 1968 through 28 July 1969; and a second award based on DAGO Number 53, dated 1970, for the period 29 July 1969 through 17 November 1970; and

	b.  the RVN Civil Actions Honor Medal First Class Unit Citation based on DAGO Number 53, dated 1970, for the period 1 August 1967 through 31 October 1969.

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

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Purple Heart for wounds he sustained as a result of hostile action on 9 June 1969 and the Army Commendation Medal with 1st Oak Leaf Cluster for meritorious service in the RVN from November 1968 to November 1969.

2.  General orders awarded his RVN unit two RVN Gallantry Cross with Palm Unit Citations and the RVN Civil Actions Honor Medal First Class Unit Citation.  The applicant should be aware that he may only display one RVN Gallantry Cross with Palm Unit Citation on his uniform.

3.  He participated in four campaigns during his service in the RVN; however, his DD Form 214 reflects two bronze service stars.  It would be appropriate to correct his record to show four bronze service stars for wear on his already-awarded Vietnam Service Medal.

4.  In view of the above, his request should be granted and the awards indicated above should be added to his DD Form 214.

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 the Vietnam Service Medal with two bronze service stars from his DD Form 214; and

	b.  adding the following awards to his DD Form 214:

* Purple Heart
* Army Commendation Medal with 1st Oak Leaf Cluster
* 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)                                         AR20120020518



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ABCMR Record of Proceedings (cont)                                         AR20120020518



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