IN THE CASE OF:	  

		BOARD DATE:	  29 October 2013

		DOCKET NUMBER:  AR20130002793 


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 in Vietnam, but it was omitted from his DD Form 214.  He further states he served under the name "M____ J____ I____."

3.  The applicant provides a Social Security Administration letter relating to his name change.

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 11 August 1967, he was inducted into the Army of the United States.  He was awarded military occupational specialty 13B (Field Artillery Crewman) and was promoted to the rank of sergeant/pay grade E-5.

3.  Headquarters, 101st Airborne Division, General Orders Number 3081, dated 7 April 1969, awarded him the Army Commendation Medal for meritorious achievement during the period 1 October 1968 to 28 February 1969.

4.  Headquarters, 101st Airborne Division, General Orders Number 6090, dated 31 May 1969, awarded him the Bronze Star Medal for meritorious service in connection with ground operations against a hostile force during the period 1 September 1968 to 30 April 1969.

5.  Headquarters, 101st Airborne Division, General Orders Number 7667, dated 27 June 1969, awarded him the Purple Heart for wounds received in action on 8 March 1969.

6.  His DA Form 20 (Enlisted Qualification Record) shows in: 

* item 31 (Foreign Service), he was credited with service in Vietnam during the period 1 December 1968 through 3 August 1969
* item 38 (Record of Assignments), he was assigned to –

* Battery A, 2nd Battalion (Air Mobile), 320th Artillery, performing duties as a section chief during the period 18-26 December 1968
* Battery B, 2nd Battalion (Air Mobile), 320th Artillery, performing duties as a section chief during the period 27 December 1968 through 3 August 1969

7.  On 6 August 1969, he was honorably released from active duty.  He completed 1 year, 11 months, and 26 days of creditable active service.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Meritorious Unit Commendation
* "Armed Forces Level (GC/WP)" (properly known as the RVN Gallantry Cross with Palm Unit Citation)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

8.  He provides a Social Security Administration letter indicating he had submitted a name change on 26 July 1982.

9.  A review of his records indicates entitlement to additional awards not listed on his DD Form 214.

10.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam and states a bronze service star will be awarded for wear on the VSM for participation in each campaign.  During his tour of duty in Vietnam participation credit was awarded for the following campaigns:

* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* Tet 69 Counteroffensive 1969 (23 February-8 June 1969)
* Vietnam Summer-Fall 1969 (9 June-31 October 1969)

11.  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 2nd Battalion (Air Mobile), 320th Artillery, was cited for the:

* RVN Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 to 2 May 1970 in Department of the Army General Orders (DAGO) Number 48, dated 1971
* RVN Gallantry Cross with Palm Unit Citation for the period 19 July 1968 to 14 May 1969 in DAGO Number 43, dated 1970, amended by DAGO Number 51, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Bronze Star Medal, Purple Heart, and Army Commendation Medal.  Therefore, he is entitled to have these awards added to his DD Form 214.

2.  He participated in three campaigns during his service in Vietnam which entitles him to three bronze service stars for wear on his already-awarded VSM.  As such, his DD Form 214 should be corrected to show these bronze service stars.

3.  His unit in Vietnam was cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation during his period of assignment which is not shown on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show this unit award.

4.  In view of the foregoing evidence, his records should be corrected as recommended below.

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 adding the following awards to his DD Form 214:

* Bronze Star Medal
* Purple Heart
* Army Commendation Medal
* RVN Civil Actions Honor Medal First Class Unit Citation
* three bronze service stars to his already-awarded VSM



      _____________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)                                         AR20130002793



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ABCMR Record of Proceedings (cont)                                         AR20130002793



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