BOARD DATE:	  6 August 2013

		DOCKET NUMBER:  AR20130003126 


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 Bronze Star Medal with "V" Device and Purple Heart.

2.  The applicant states he received the Bronze Star Medal with "V" Device which is not shown on his DD Form 214.  The citation for this award clearly shows he was wounded in action.  He was also awarded the Bronze Star Medal for achievement, the Air Medal, and the Army Commendation Medal.  

3.  The applicant provides:

* DD Form 214 
* Citation for award of the Presidential Unit Citation
* Certificate of achievement
* General Orders (GO) Number 24, Army Good Conduct Medal
* Certificate for award of the Army Commendation Medal
* Certificate for award of the Army Commendation Medal (1st Oak Leaf Cluster) 
* GO Number 2013, Army Commendation Medal with "V" Device
* GO Number 1994, Army Commendation Medal with "V" Device
* GO Number 604, Bronze Star Medal with "V" Device
* Statement from his former platoon leader
* Newspaper articles
* Certificate for award of the Bronze Star Medal
* Certificate for award of the Air Medal
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's records show he enlisted in the Regular Army on 13 September 1966 and he held military occupational specialty 11C (Indirect Fire Crewman).  

3.  Special Orders (SO) Number 9, issued by Headquarters, 1st Advanced Individual Training Brigade, Fort Dix, NJ, on 13 January 1967, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  SO Number 10, issued by Headquarters, 1st Advanced Individual Training Brigade, Fort Dix, NJ, on 16 January 1967, awarded him the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60).  

5.  SO Number 51, issued by Headquarters, Training Support Battalion, Fort Benning, GA, on 1 March 1967, awarded him the Parachutist Badge. 

6.  He served in Vietnam from 1 April 1967 to 12 March 1968.  He was assigned as follows:

* Gunner, 4 April 1967 to 5 January 1968, C Company, 1st Battalion, 503rd Infantry, 173rd Airborne Brigade (Separate)
* Patient, 6 January 1968, U.S. Army Vietnam Casual Company
* 30 January to 12 March 1968, C Company, 1st Battalion, 503rd Infantry, 173rd Airborne Brigade (Separate)

7.  GO Number 1438, issued by Headquarters, 173rd Infantry Brigade (Separate), on 22 May 1968, awarded him the Air Medal for meritorious achievement. 

8.  GO Number 2013, issued by Headquarters, 173rd Infantry Brigade (Separate), on 30 December 1967, awarded him the Army Commendation Medal with "V" Device for heroism on 22 June 1967. 

9.  GO Number 1994, issued by Headquarters, 173rd Infantry Brigade (Separate), on 30 December 1967, awarded him the Army Commendation Medal (1st Oak Leaf Cluster) with "V" Device for heroism on 22 October 1967. 

10.  GO Number 604, issued by Headquarters, 173rd Infantry Brigade (Separate), on 30 December 1967, awarded him the Bronze Star Medal with "V" Device for heroism on 11 November 1967.  The citation stated:

[Applicant] distinguished himself by exceptionally valorous actions on 11 November 1967 in the Republic of Vietnam.  On this day, [Applicant] was serving with Company C, 1st Battalion (Airborne), 503rd Infantry in the area of Dak To, Vietnam, the company came under heavy fire from a large enemy force.  With complete disregard to the intense enemy fire, [Applicant] kept an enemy force from separating his platoon from the rest of his company.  He then called artillery into the area where the enemy was starting to regroup.  Although wounded himself, he carried his wounded comrades to safety allowing his platoon to rejoin the rest of the company and successfully repulse the enemy.  

11.  GO Number 929, issued by Headquarters, 173rd Infantry Brigade (Separate), on 11 April 1968, awarded him the Bronze Star Medal for meritorious service from April 1967 to March 1968. 

12.  GO Number 24, issued by Headquarters, 3rd Basic Combat Training Brigade, U.S. Army Training Center, Infantry, Fort Dix, NJ, on 15 August 1969, awarded him the Army Good Conduct Medal (1st Award). 

13.  He was honorably released from active duty on 12 September 1969.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Vietnam Campaign Medal
* Two overseas service bars

14.  On 9 February 1977, he was issued a DD Form 215 (Correction of DD Form 214 – Report of Separation from Active Duty) that added to his DD Form 214 the Air Medal and the Army Commendation Medal with "V" Device (1st Oak Leaf Cluster).

15.  On 18 September 1989, he was issued a second DD Form 215 (Correction to DD Form 214 – Certificate of Release or Discharge from Active Duty) that added to his DD Form 214 the Air Medal, Army Commendation Medal with "V" Device (1st Oak Leaf Cluster), Bronze Star Medal, and Good Conduct Medal. 

16.  He submitted a statement, dated 14 October 1968, from a former unit member (platoon leader) who provided him with a newsletter article that listed his name as wounded in action.  He also provides copies of the newsletter article listing the names of several casualties from Company C, including his. 

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

18.  A review of his records indicates his entitlement to additional awards which are not shown on his DD Form 214.

19.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his service with the 1st Battalion, 503rd Infantry, from 1 April 1967 to 12 March 1968, in Vietnam, this unit was cited for awards of the:

* Presidential Unit Citation, for service from 6 to 23 November 1967, based on Department of the Army General Order (DAGO) Number 5, dated 1979
* Meritorious Unit Commendation, for service from 5 May 1965 to 4 May 1967, based on DAGO Number 48, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 5 May 1965 to 26 September 1970, based on DAGO 51, dated 1971

20.  Appendix B of Army Regulation 600-8-22 shows that during his service in Vietnam participation credit was awarded for the following campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. 

* Vietnam Counteroffensive Phase, 1 July 1966 - 31 May 1967
* Vietnam Counteroffensive Phase III, 1 June 1967 - 29 January 1968
* Tet Counteroffensive, 30 January - 1 April 1968

DISCUSSION AND CONCLUSIONS:

1.  The applicant's award of the Bronze Star Medal with "V" Device for heroism on 11 November 1967 in Vietnam states "although wounded himself, he carried his wounded comrades to safety allowing his platoon to rejoin the rest of the company and successfully repulse the enemy."  This is sufficient evidence to show he was wounded in action and met the criteria for award of the Purple Heart.  Therefore, he is entitled to this award and correction of his DD Form 214 to show it.  

2.  He was awarded two awards of the Bronze Star Medal, one with a "V" Device for heroism.  His DD Form 214, corrected by a DD Form 215, omitted the second award for heroism.  Therefore, he is entitled to correction of his DD Form 214 to show two awards of the Bronze Star Medal, one with "V" Device. 

3.  GO awarded his units in Vietnam the Presidential Unit Citation, Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  He was awarded the Vietnam Service Medal.  Additionally, he participated in three campaigns while serving in the Republic of Vietnam; therefore, he is entitled to award of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

5.  SO awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60).  He should be entitled to correction of his DD Form 214 to show both badges.  

6.  He was issued two separate DD Forms 215 that duplicated two of his awards (Air Medal and Army Commendation Medal with "V" Device (1st Oak Leaf Cluster)).  He should be issued a new DD Form 214 that incorporates all of his authorized awards.





 

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: 

* awarding him the Purple Heart for wounds received in action on 11 November 1967
* issuing him a new DD Form 214 that shows all of his authorized awards:

* National Defense Service Medal
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* Purple Heart 
* Bronze Star Medal with "V" Device (2nd Award)
* Army Commendation Medal with "V" Device (2nd Award)
* Air Medal
* Vietnam Service Medal with three bronze service stars
* Presidential Unit Citation
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Machine Gun Bar     (M-60)



      _______ _  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)                                         AR20130003126





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ABCMR Record of Proceedings (cont)                                         AR20130003126



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