IN THE CASE OF:	  

		BOARD DATE:	  18 July 2013

		DOCKET NUMBER:  AR20120022614 


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 his DD Form 214 does not show award of the Purple Heart.

3.  The applicant provides a certificate and his 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 into the Army of the United States on
19 September 1966.
3.  His record contains a DA Form 20 (Enlisted Qualification Record) that shows in:

	a.  item 33 (Foreign Service) he was assigned to Vietnam during the period 10 August 1967 to 9 August 1968;

	b.  item 38 (Record of Assignments) he was assigned to:

		(1)  Troop B, 2d Squadron, 1st Cavalry Regiment, 2d Armored Division,
during the period 10 August 1967 through 5 April 1968; and

		(2)  Troop D, 7th Squadron, 17th Cavalry Regiment, during the period 
6 April 1968 to 6 August 1968;

	c.  item 40 (Wounds) he received fragment wounds to his left shoulder on 
8 March 1968; and

	d.  item 41 (Awards and Decorations) no entry for the Purple Heart.

4.  On 12 August 1968, he was honorably released from active duty as an overseas returnee.  He completed 1 year, 10 months, and 24 days of total active service.  The DD Form 214 he was issued shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device  (1960)
* two Overseas Service Bars
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar (M14)
* Expert Marksmanship Qualification Badge with Automatic Rifle Bar (M16)

5.  He submitted a certificate which shows he was awarded the Purple Heart for wounds received in action in Vietnam on 8 March 1968.

6.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing shows the applicant's name as a casualty on 8 March 1968 under casualty status code "24."  This casualty code refers to "hostile wounded in action, not serious, not hospitalized."

7.  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 United States Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.

8.  A review of his record indicates he is entitled to additional awards that are not shown on his DD Form 214.

9.  Army Regulation 600-8-22 (Military Awards), 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 III, (1 June 1967 to 29 January 1968)
* Tet Counteroffensive, (30 January 1968 to 1 April 1968)
* Vietnam Counteroffensive, Phase IV, (2 April 1968 to 30 June 1968)
* Vietnam Counteroffensive, Phase V, (1 July 1968 to 1 November 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 Troop D, 7th Squadron, 17th Cavalry Regiment, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 22 February 1967 through 17 May 1968 by Department of the Army General Order (DAGO) Number 21, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant was awarded the Purple Heart for wounds received in action in Vietnam on 8 March 1968.  Although there are no available orders showing this award, he provided a Purple Heart Certificate and his name is listed on the Vietnam casualty listing that confirms his wounding on 
8 March 1968.  Therefore, it would be appropriate at this time to correct his DD Form 214 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 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 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



      _____________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)                                         AR20120022614



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ABCMR Record of Proceedings (cont)                                         AR20120022614



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