IN THE CASE OF:	  

		BOARD DATE:	    2 July 2013

		DOCKET NUMBER:  AR20120021921 


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) for the period ending 17 February 1972 to show his award of the Bronze Star Medal and the Purple Heart.

2.  The applicant states his DD Form 214 does not reflect these awards.

3.  The applicant provides:

* General Orders Number 06013, issued by Headquarters, 23rd Infantry Division, dated 29 May 1971
* Bronze Star Medal Certificate, dated 29 May 1971 and associated citation
* Purple Heart Certificate, dated 8 December 1970

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 22 July 1969.  On 27 July 1969, he was discharged for the purpose of enlisting in the Regular Army (RA).  On 28 July 1969, he enlisted in the RA for a period of
3 years.

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 16 June 1970 to 6 May 1971.  He was assigned to the 1st Battalion, 20th Infantry from 2 July 1970 to 2 May 1971.

4.  General Orders Number 06013, dated 29 May 1971, awarded him the Bronze Star Medal for meritorious service in Vietnam from 1 July 1970 - 31 May 1971.

5.  On 17 February 1972, he was honorably released from active duty.  He completed 2 years, 6 months, and 2 days of net active service this period with 18 days of time lost.  The DD Form 214 he was issued at the time shows he was awarded or authorized the:

* National Defense Service Medal
* Army Commendation Medal with 1st oak leaf cluster
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* Second Class Gunner (Marksman Marksmanship Qualification) Badge with Grenade Bar (M-79)
* First Class Gunner (Sharpshooter Marksmanship Qualification) Badge with Machinegun Bar (M-60)

6.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing shows the applicant's name is listed as a casualty on 7 December 1970 under casualty status code "26."  This casualty code refers to "hostile wounded in action, not serious, hospitalized, no notify."

7.  The Purple Heart Certificate he submitted shows he was awarded the Purple Heart by the 91st Evacuation Hospital commander on 8 December 1970 for wounds received in action in Vietnam on 7 December 1970.

8.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) stated the authority to award the Purple Heart was delegated to hospital commanders.  It directed that all personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual was assigned.  Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment.

9.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  It states that 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 two campaigns:

* DA Sanctuary Counteroffensive Campaign (1 May 1970 - 30 June 1970)
* Vietnam Counteroffensive Phase VII Campaign (1 July 1970 - 30 June 1971)

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Paragraph 6d states Department of the Army General Orders 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.  General orders show he was awarded the Bronze Star Medal.  Therefore, his DD Form 214 should be corrected to show this award.

2.  The Vietnam casualty listing indicates the applicant was wounded in action in Vietnam on 7 December 1970, which is corroborated by a Purple Heart Certificate signed by a hospital commander.  These documents are considered sufficient evidence to validate the applicant's award of the Purple Heart.  Therefore, his DD Form 214 should be corrected to show this award.

3.  The applicant served during a qualifying period of service in Vietnam for entitlement to the Vietnam Service Medal.  Evidence also shows he participated in two campaigns during his service in Vietnam that entitles him to two bronze service stars for wear on the Vietnam Service Medal.  Therefore, he is entitled to the Vietnam Service Medal with two bronze service stars and correction of his DD Form 214 to show this award.

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.  Therefore, his
DD Form 214 should be corrected to show this unit award.

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 adding to his DD Form 214 the:

* Bronze Star Medal
* Purple Heart
* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20120021921



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ABCMR Record of Proceedings (cont)                                         AR20120021921



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