IN THE CASE OF:	  

		BOARD DATE:	    19 September 2013

		DOCKET NUMBER:  AR20130002523 


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 was awarded the Purple Heart, but it was not listed on his DD Form 214
* he is filing a claim with the Department of Veterans Affairs for health care enrollment and compensation
* verification of award of the Purple Heart is needed for priority group status

3.  The applicant provides:

* DA Form 8-275-3 (Clinical Record Cover Sheet)
* DD Form 214
* letter from the Oakland County, MI, Veterans Services Division, dated 25 January 2013

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 16 October 1967.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

* item 31 (Foreign Service) – U.S. Army Pacific, Vietnam, from 3 April 1968 through 2 April 1969
* item 38 (Record of Assignments) – Company D, 1st Battalion, 5th Cavalry, 1st Cavalry Division (Air Mobile), U.S. Army Pacific, Vietnam, from 10 April 1968 to 30 March 1969
* item 40 (Wounds) – no entry
* item 41 (Awards and Decorations) – no Purple Heart

4.  On 15 October 1969, the applicant was honorably released from active duty and transferred to the U.S. Army Control Group (Annual Training).  He completed 2 years of creditable active service.

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

* National Defense Service Medal
* Vietnam Service Medal
* Air Medal with 1st Oak Leaf Cluster
* Bronze Star Medal with 1st Oak Leaf Cluster
* Bronze Star Medal with "V" Device
* Army Commendation Medal with "V" Device
* Republic of Vietnam Campaign Medal with Device (1960)
* two overseas service bars
* Sharpshooter Marksmanship Qualification Badge
* Army Good Conduct Medal

6.  The applicant provides a DA Form 8-275-3, dated 4 June 1968, which shows he wounded his left hand in action on 1 June 1968.  The DA Form 8-275-3 also shows Headquarters, 18th Surgical Hospital, General Orders Number 46, dated 3 June 1968, awarded him the Purple Heart.
7.  A review of his records shows he is entitled to additional awards and decorations not shown on his DD Form 214.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states:

	a.  The Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

	b.  Appendix B lists the Vietnam campaigns and states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  It shows that during the applicant's service in Vietnam, participation credit was awarded for the following campaigns:

* Vietnam Counteroffensive Phase IV, 2 April-30 June 1968
* Vietnam Counteroffensive Phase V, 1 July-1 November 1968
* Vietnam Counteroffensive Phase VI, 2 November 1968-22 February 1969
* Tet 69 Counteroffensive 1969, 23 February-8 June 1969

9.  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 the unit to which the applicant was assigned was cited for award of the following:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 through 19 May 1969 in Department of the Army General Orders (DAGO) Number 59, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 through 1 February 1970 in DAGO Number 42, dated 1972
* Navy Unit Commendation for the period 6 through 8 May 1968 in DAGO Number 32, dated 1973

DISCUSSION AND CONCLUSIONS:

1.  Records show he sustained an injury to his left hand as a result of hostile action and was awarded the Purple Heart in Headquarters, 18th Surgical Hospital, GO Number 46.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  His records show he was awarded the Vietnam Service Medal.  The evidence shows he participated in four campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his previously-awarded Vietnam Service Medal and correction of his DD Form 214.

3.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Navy Unit Commendation during his period of assignment.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

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:

* deleting award of the Vietnam Service Medal from his DD Form 214
* adding the following awards to his DD Form 214 –

* Purple Heart
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation


* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Navy Unit Commendation



      _______ _  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)                                         AR20130002523



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ABCMR Record of Proceedings (cont)                                         AR20130002523



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