IN THE CASE OF:
BOARD DATE: 12 September 2013
DOCKET NUMBER: AR20130002689
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 the Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 23 February 1967.
2. The applicant states he was awarded the Purple Heart for wounds received in the Republic of Vietnam and it is not shown on his DD Form 214.
3. The applicant provides:
* orders awarding him the Purple Heart
* 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. On 24 February 1964, he enlisted in the Regular Army. He served in military occupational specialty 67N (Single Rotor, Single Engine Helicopter Mechanic).
3. He served in the Republic of Vietnam from 5 October 1964 to 15 October 1965. He was assigned to the:
* 140th Transportation Detachment from 8 October 1964 to 17 June 1965
* 165th Transportation Detachment from 18 June to 10 October 1965
4. He provided U.S. Army Support Command, Vietnam General Orders Number 316, dated 23 February 1965. These orders show he was awarded the Purple Heart for wounds received in connection with military operations against a hostile force in the Republic of Vietnam on 10 February 1965.
5. On 23 February 1967, he was released from active duty. His DD Form 214 shows he was awarded the:
* Army Commendation Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Aircraft Crewman Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Vietnam Service Medal
6. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, and unit citation emblems awarded during the Vietnam Conflict. This pamphlet shows:
a. During the time of the applicants assignment to the 165th Transportation Detachment the unit was awarded the Valorous Unit Award for the period
18 September to 28 October 1965.
b. All units assigned in Vietnam from 8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Department of the Army General Order Number 8, dated 1974.
7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. 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.
b. Based on his dates of service in Vietnam, Table B-1 (Campaigns, Service Requirement, and Inscriptions Prescribed for Streamers) shows he served in the:
* Vietnam Advisory Campaign (15 March 1962 - 7 March 1965)
* Vietnam Defense Campaign (8 March 1965 - 24 December 1965)
c. The award of a bronze service star is authorized based on qualifying service for each campaign listed in Table B-1 of this regulation. Authorized service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.
DISCUSSION AND CONCLUSIONS:
1. Orders provided by the applicant show he was awarded the Purple Heart for wounds received on 10 February 1965 in the Republic of Vietnam.
2. Based on his service with the 165th Transportation Detachment, he is authorized the Valorous Unit Award.
3. Based on his service in the Republic of Vietnam he is authorized two bronze service stars to be worn on his already-awarded Vietnam Service Medal. He is also authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Campaign Medal with Device (1960).
4. In view of the above, there is sufficient evidence to add all of the above awards to his DD Form 214.
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 amending his DD Form 214 with an effective of 23 February 1967 as follows:
a. Deleting the Vietnam Service Medal.
b. Adding the:
* Purple Heart
* Valorous Unit Award
* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with Device (1960)
_______ _ 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) AR20130002689
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ABCMR Record of Proceedings (cont) AR20130002689
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