IN THE CASE OF:	  

		BOARD DATE:	  27 June 2013

		DOCKET NUMBER:  AR20120022110 


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 the Purple Heart and to show the correct spelling of his first name.  

2.  The applicant states he was awarded the Purple Heart on 2 August 1970 but the award is not listed on his DD Form 214.  He also states that his first name is spelled Gerard but it is recorded on his DD Form 214 as Gerald.

3.  The applicant provides a DD Form 214, orders for the Purple Heart, and U.S. Army Reserve reassignment 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 enlisted in the Regular Army on 4 August 1969.  His DD Form 
4 (Enlistment Contract) and DD Form 398 (Statement of Personal History) list his first name as Gerard.  

3.  Special orders issued by Headquarters, U.S. Army Training Center Engineer, Fort Leonard Wood, MO, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Marksman Marksmanship Qualification Badge with Hand Grenade Bar.

4.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 19 June to 8 August 1970.  Item 38 (Record of Assignments) shows he served with 3rd Battalion, 12th Infantry from on or about 4 July until sometime in August 1970.  

5.  Headquarters, 67th Evacuation Hospital, General Orders Number 166, dated 2 August 1970, awarded him the Purple Heart for wounds received in action on 31 July 1970.  

6.  He was released from active duty on 7 February 1972.  His DD Form 214 shows he was awarded or authorized the National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and the Vietnam Service Medal.

7.  Army Regulation 600-8-22 (Military Awards) states:

	a.  A bronze service star is authorized with the Vietnam Service Medal for each campaign a member is credited with participating in while in Vietnam.  Appendix B lists the campaigns for Vietnam.  During his service in Vietnam he participated in two campaigns:

* Sanctuary Counteroffensive (1 May - 30 June 1970) 
* Vietnamese Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

	b.  The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Individuals who qualified for award of the Vietnam Service Medal and served for less than 6 months of service but were wounded as a result of hostile action are also entitled to award of the Republic of Vietnam Campaign Medal with Device (1960).

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 that during his assignment to 3rd Battalion, 12th Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 29 July 1969 to 17 November 1970 by Department of the Army General Orders Number 52, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show the Purple Heart and to show the correct spelling of his first name has been carefully considered.  

2.  General orders show he was awarded the Purple Heart for wounds received in action on 31 July 1970.  Therefore, this award should be added to his 
DD Form 214.  

3.  He was awarded the Vietnam Service Medal; however, he participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

4.  Based on the fact that he was evacuated from Vietnam as a result of a combat wound, he is also authorized the Republic of Vietnam Campaign Medal with Device (1960) and correction of his DD Form 214 to show this award.  

5.  Special orders show he earned the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Marksman Marksmanship Qualification Badge with Hand Grenade Bar.  These badges should also be added to his 
DD Form 214.  

6.  His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment to the unit.  Therefore, his DD Form 214 should also be corrected to show this unit award.

7.  His DD Form 4 and DD Form 398 show he listed his first name as Gerard.  Therefore, his DD Form 214 should be corrected to show the correct spelling of his first name. 

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:

	a.  deleting his first name from his DD Form 214 and adding his first name as it is listed on his DD Form 398;

	b.  deleting the Vietnam Service Medal from his DD Form 214; and

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

* Purple Heart
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Hand Grenade Bar
* 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)                                         AR20120022110



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120022110



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1