IN THE CASE OF: 

		BOARD DATE:  28 May 2013

		DOCKET NUMBER:  AR20120020561 


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 he was twice awarded the Purple Heart.

2.  The applicant states his DD Form 214 was not correctly completed at the separation center in Oakland, CA.  When he reviewed his DD Form 214 for an application for an Indiana Purple Heart license plate he realized only one Purple Heart was listed.

3.  The applicant provides copies of his:

* 20 June 1967 Purple Heart Certificate
* 9 September 1967 Purple Heart Certificate
* DD Form 214

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 on 2 November 1966.  He completed training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 29 (Qualification in Arms) he qualified expert with the M-60 machine gun and marksman with the M-16 rifle.

	b.  item 31 (Foreign Service) he served in Vietnam from 24 April 1967 through 23 April 1968.

	c.  item 38 (Record of Assignments) while serving in Vietnam he was assigned to:

* K Troop, 3d Squadron, 11th Armored Cavalry Regiment from
22 May through 27 November 1967
* Company C, 52d Infantry, 716th Military Police Battalion from
28 November 1967 through 21 April 1968

	d.  Item 40 (Wounds):

		(1)  Fragment wound left frontal sinus on 19 June 1967

		(2)  Contusion on 30 August 1967

	e.  item 41 (Awards and Decorations) the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Purple Heart with oak leaf cluster (2nd Award)
* two overseas service bars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

4.  General Orders Number 99, issued by Headquarters, 11th Armored Cavalry Regiment, dated 7 September 1967, awarded him the Purple Heart for wounds received in action in Vietnam on 30 August 1967.

5.  On 1 November 1968, the applicant was honorably released from active duty at the expiration of his term of service.  He had completed 2 years of total active service.  The DD Form 214 he was issued at the time shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Purple Heart
* Expert Marksmanship Qualification Badge with Rifle Bar

6.  The applicant provided certificates showing he was awarded the Purple Heart on:

* 20 June for wounds received in action in Vietnam on 19 June 1967
* 9 September 1967 for wounds received in action in Vietnam

7.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing shows the applicant's name is listed twice as a casualty, on:

* 19 June under casualty status code "23" referring to "hostile wounded in action, not serious, hospitalized"
* 30 August 1967 under casualty status code "24" referring to "hostile wounded in action, not serious, not hospitalized"

8.  Review of 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 U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.

9.  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 II (1 July 1966 - 31 May 1967)
* 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)

10.  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 that the units the applicant was assigned to in Vietnam were cited for awards as follows:

	a.  3rd Squadron, 11th Armored Cavalry Regiment:

* Valorous Unit Award for 19 June and 21 July 1957, by Department of the Army General Order (DAGO) Number 1, dated 1969
* Meritorious Unit Commendation for the period 13 September 1966 through 31 May 1967 by DAGO Number 32, dated 1969

	b.  716th Military Police Battalion:

* Presidential Unit Citation for the period 31 January through
10 February 1968 by DAGO Number 17, dated 1969
* Meritorious Unit Commendation for the period 1 January through
31 October 1968 by DAGO Number 51, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 17 April 1965 through 18 April 1968 by DAGO Number 31, dated 1969

11.  Department of the Army Pamphlet 672-3, paragraph 6d states 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.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant was twice wounded as a result of hostile action.  His name is listed twice on the Vietnam casualty listing; item 40 of his DA Form 20 shows a fragment wound to his left frontal sinus on 19 June 1967 and contusion on 30 August 1967; and he provided two Purple Heart certificates for the two respective dates.  Therefore, his DD Form 214 should be corrected to show these awards.


2.  He 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.  During the applicant's assignment in Vietnam his units were cited for award of the:

* Presidential Unit Citation
* Valorous Unit Award (2nd Award)
* Meritorious Unit Commendation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

Therefore, his DD Form 214 should be corrected to show these unit awards.

4.  All units in Vietnam were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment in Vietnam.  Therefore, his DD Form 214 should be corrected to show this unit award.

5.  Records show he qualified expert with the M-60 machine gun and marksman with the M-16 rifle.  Therefore, his DD Form 214 should be corrected to show these marksmanship qualifications.

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 Purple Heart and the Vietnam Service Medal and


	b.  adding to his DD Form 214 the:

* Purple Heart (2nd Award)
* Vietnam Service Medal with four bronze service stars
* Presidential Unit Citation
* Valorous Unit Award (2nd Award)
* Meritorious Unit Commendation (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Machinegun Bar (M-60)
* Marksman marksmanship Qualification Badge with Automatic Rifle Bar (M-16)



      ___________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)                                         AR20100006875



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ABCMR Record of Proceedings (cont)                                         AR20120020561



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