IN THE CASE OF:	  

		BOARD DATE:	   5 November 2013 

		DOCKET NUMBER:  AR20130004417 


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 Silver Star and two additional awards of the Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

2.  The applicant states:

* he received a total of three awards of the Purple Heart and one award of the Silver Star
* none of these awards are shown on his DD Form 214
* he was awarded the Silver Star on 17 February 1968 (award certificate date) and one award of the Purple Heart on 28 September 1967
* he is unsure of the exact dates of the other two awards of the Purple Heart, but he believes one was on or about the time he received the Silver Star

3.  The applicant provides:

* award certificate for the Silver Star
* award certificate for the Purple Heart for wounds received in action on 
      28 September 1967 





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 20 October 1966.  He arrived in Vietnam on 10 August 1967.  He served as a general vehicle repairman assigned to Troop B, 1st Squadron, 1st Cavalry of the 1st Armored Division in Vietnam from 28 August 1967 to 16 January 1968.  He served as a scout observer assigned to Headquarters and Headquarters Troop, 
1st Squadron, 1st Cavalry of the 1st Armored Division in Vietnam from 
17 January 1968 to 21 March 1968.  He served as an instructor assigned to the 23rd Administration Company in Vietnam from 22 March 1968 to 3 August 1968.  On 6 August 1968, he was released from active duty. 

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

* National Defense Service Medal (NDSM)
* Army Good Conduct Medal (GCMDL)
* "SSM" – it appears this is meant to be the Silver Star Medal
* Purple Heart (PH)
* Combat Infantryman Badge (CIB)
* Republic of Vietnam Campaign Medal with Device (1960) (VCM)
* Vietnam Service Medal (VSM)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) (SPS M-14)

4.  Orders, dated 12 October 1967, show he received the Purple Heart for wounds received in action on 28 September 1967 in Vietnam.




5.  Orders, dated 11 February 1968, show he received the Silver Star for gallantry in action on 7 January 1968 in Vietnam.  The citation for this award states "Just as he reached the vehicle, it was hit by two enemy recoilless rifle rounds which seriously wounded all the crewman including Specialist (applicant's name)."

6.  The Vietnam casualty roster shows he was wounded on 28 September 1967, 27 October 1967, and 7 January 1968.

7.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows entitlement to one award of the Purple Heart. 

8.  Records show he participated in four campaigns during his assignment in Vietnam.

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 1st Squadron, 1st Cavalry was cited for award of the Presidential Unit Citation for actions during the period 31 January 1968 to 31 March 1968 by Department of the Army General Orders (DAGO) 
60, dated 1969 

10.  Department of the Army Pamphlet 672-3 shows the 23rd Administration Company was cited for award of the Meritorious Unit Commendation for actions during the period 1 January 1968 to 31 August 1969 by DAGO 53, dated 1970. 

11.  DAGO 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

12.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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.  The regulation also states a bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.  

13.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.  
DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 shows one award of the Purple Heart, but he contends he received three awards of the Purple Heart.  Since the Vietnam casualty roster shows he was wounded three times, these entries are accepted as sufficient evidence on which to base adding two additional awards of the Purple Heart to his DD Form 214.     

2.  Orders show he received the Silver Star.  Although it appears the entry "SSM" shown on his DD Form 214 is meant to be the Silver Star, it would be appropriate to remove this entry from his DD Form 214 and replace it with the entry "Silver Star."     

3.  He participated in four campaigns during his assignment in Vietnam that entitles him to four bronze service stars for wear on his already-awarded Vietnam Service Medal.  His DD Form 214 should be corrected to show these service stars.

4.  His units in Vietnam were cited for award of the Presidential Unit Citation and Meritorious Unit Commendation during his period of assignment.  His DD Form 214 should be corrected to show these unit awards.

5.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant served in Vietnam during a qualifying period; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

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:

	a.  deleting the entries "PH" and "SSM" from his DD Form 214; and

	b.  adding the Purple Heart with Second Oak Leaf Cluster, Silver Star, Presidential Unit Citation, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four bronze service stars for wear on his already-awarded Vietnam Service Medal to his DD Form 214. 



      __________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)                                         AR20130004417





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ABCMR Record of Proceedings (cont)                                         AR20130004417



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