BOARD DATE:	  22 October 2013

		DOCKET NUMBER:  AR20130003466 


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 the Purple Heart.

2.  The applicant states the award is not listed on his DD Form 214. 

3.  The applicant provides his DD Form 214 and a certificate showing award of the Purple Heart.

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 was inducted into the Army of the United States on 23 April 1968 and he held military occupational specialty (MOS) 11D (Armor Reconnaissance Specialist).  
3.  He served in Vietnam from 14 October 1968 to 14 October 1969.  He was assigned to:

* B Troop, 1st Squadron, 11th Armored Cavalry Regiment, from on or about 17 October 1968 to on or about 11 June 1969
* G Troop, 2nd Squadron, 11th Armored Cavalry Regiment, from on or about 12 June 1969 to 11 October 1969

4.  He was honorably released from active duty on 22 April 1970.  His DD Form 214 shows the:

* Vietnam Service Medal
* Combat Infantryman Badge
* Vietnam Campaign Medal
* National Defense Service Medal
* Army Commendation Medal
* Marksmanship Badge (Rifle)

5.  The applicant's name is listed on the Vietnam casualty roster under code 23 indicating he was wounded in action.  The date of injury is listed as 12 August 1969.  This is a Microfiche Listing of Vietnam Era Casualties that is used to verify entitlement to the Purple Heart. 

6.  He provides a certificate, dated 13 August 1969, which shows he was awarded the Purple Herat for wounds received in action on 12 August 1969 in Vietnam.  He does not provide accompanying orders. 

7.  Review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Purple Heart pertaining to him.

8.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that 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.

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

* Vietnam Counteroffensive Phase V, 1 July - 1 November 1968
* Vietnam Counteroffensive Phase VI, 2 November 1968 - 22 February 1969
* Tet 69/Counteroffensive, 23 February - 8 June 1969
* Vietnam Summer - Fall 1969, 9 June - 31 October 1969

10.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his period of service in Vietnam with the 1st and 2nd Squadrons, 11th Armored Cavalry Regiment, the Regiment was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 May 1969 to 15 February 1970, based on DAGO Number 50, dated 1973.

11.  Item 29 (Qualification Arms) of his DA Form 20 (Enlisted Qualification Record) show she qualified marksman with the M-14 rifle, marksman with the pistol, 1st class gunner (sharpshooter) with the M-60 machine gun, and expert with the M-16 rifle. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's name is shown on the Vietnam casualty roster as having been wounded on 12 August 1969.  His injury is further confirmed with the certificate that he provides showing he was wounded in action on that date and he was awarded the Purple Heart.  Therefore, he is entitled to correction of his DD Form 214 to show the Purple Heart.

2.  The applicant served a qualifying period for award of the Vietnam Service Medal.  He also participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars on his already-awarded Vietnam Service Medal.

3.  GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

4.  His DA Form 20 shows he qualified with several weapon systems.  He should be entitled to correction of his DD Form 214 to show the Marksman Marksmanship Qualification Badge with Rifle (M-14) and Pistol Bars, the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60), and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). 
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 from his DD Form 214 the Vietnam Service Medal and Marksmanship Badge (Rifle) and adding to his DD Form 214 the:

* Purple Heart
* Vietnam Service Medal with four bronze service stars 
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Pistol Bar
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* 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)                                         AR20130003466





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ABCMR Record of Proceedings (cont)                                         AR20130003466



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