IN THE CASE OF:	  

		BOARD DATE:  5 November 2013

		DOCKET NUMBER:  AR20130004441 


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). 

2.  The applicant states the award was left off his DD Form 214.

3.  The applicant provides an award certificate for the Purple Heart for wounds received in action on 11 November 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 15 March 1967.  He arrived in Vietnam on 17 August 1967.  He served as an infantryman assigned to Company B, 3rd Battalion, 8th Infantry of the 4th Infantry Division in Vietnam from 1 September 1967 to 16 June 1968.  He was assigned to Company A, 4th Supply and Transport Battalion of the 4th Infantry Division in Vietnam from 17 June 1968 to 17 August 1968.  On 21 March 1969, he was released from active duty. 

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

* National Defense Service Medal
* Vietnam Service Medal with bronze service star 
* Combat Infantryman Badge 
* Republic of Vietnam Campaign Medal with Device (1960) 

4.  Orders, dated 10 January 1968, show he received the Purple Heart for wounds received in action on 11 November 1967 in Vietnam.

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

6.  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 3rd Battalion, 8th Infantry was cited for award of:

* Presidential Unit Citation for actions during the period 29 October 1967 to 30 November 1967 by Department of the Army General Orders (DAGO) 38, dated 1970 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966 to 28 July 1969 in DAGO 3, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 to 31 October 1969 in DAGO 53, dated 1970

7.  Department of the Army Pamphlet 672-3 also shows the 4th Supply and Transport Battalion was cited for award of the:

* Meritorious Unit Commendation for actions during the period 1 June 1967 to 30 September 1968 by DAGO 48, dated 1969 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966 to 28 July 1969 in DAGO 3, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 to 31 October 1969 in DAGO 53, dated 1970

8.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information), states that not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will show all awards received.

9.  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.  Orders show the applicant received the Purple Heart.  Therefore, his DD Form 214 should be corrected to show this award.

2.  His DD Form 214 shows the Vietnam Service Medal with bronze service star as an authorized award.  However, evidence shows he participated in four campaigns during his assignment in Vietnam which entitles him to the Vietnam Service Medal with four bronze service stars.  Therefore, his DD Form 214 should be corrected to show this award.

3.  His units in Vietnam were cited for one award of the Presidential Unit Citation, one award of the Meritorious Unit Commendation, and two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

4.  His units in Vietnam were also cited for one award each of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Although he is entitled to wear only one of these awards, his DD Form 214 should be corrected to show both unit 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:

	a.  deleting the entry "Vietnam Service Medal with Bronze Service Star" from his DD Form 214; and 

	b.  adding the Purple Heart, Vietnam Service Medal with four bronze service stars, Presidential Unit Citation, Meritorious Unit Commendation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award), and  Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) 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)                                         AR20130004441





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ABCMR Record of Proceedings (cont)                                         AR20130004441



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