IN THE CASE OF:
BOARD DATE: 5 November 2013
DOCKET NUMBER: AR20130004744
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 and the Overseas Service Ribbon (2nd Award).
2. The applicant states he was awarded both the Purple Heart and the Overseas Service Ribbon while serving in the Republic of Vietnam (RVN); however, neither award is listed on his DD Form 214.
3. The applicant provides:
* DD Form 214
* General Orders Number 358, dated 18 March 1969
* DA Form 20 (Enlisted Qualification Record)
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 enlisted in the Regular Army on 10 January 1967 and he held military occupational specialty 11B (Light Weapons Infantryman).
3. He arrived in the RVN on or about 18 March 1968. He was assigned to Company B, 4th Battalion, 12th Infantry, 199th Infantry Brigade from 4 April 1968 to 13 March 1969.
4. Headquarters, 199th Infantry Brigade (Separate) (Light) issued General Orders Number 358, dated 18 March 1969, awarding him the Purple Heart for wounds received in connection with ground operations in the RVN on 8 May 1968.
5. Item 41 (Awards and Decorations) of his DA Form 20 shows that in addition to the awards listed on his DD Form 214 he also was authorized 2 overseas bars.
6. He departed the RVN on or about 14 March 1969.
7. On 9 January 1970, he was honorably released from active duty. He completed 3 years of creditable active duty service.
8. His DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* RVN Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Army Commendation Medal
9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows Department of the Army General Orders Number 51, dated 1971 awarded his RVN unit:
a. the RVN Gallantry Cross with Palm Unit Citation for the period 19 June 1968 through 31 July 1970; and
b. the RVN Civil Actions Honor Medal First Class Unit Citation for the period 12 December 1966 through 31 August 1970.
10. Army Regulation 600-8-22 (Military Awards) states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.
11. Appendix B of Army Regulation 600-8-22 shows that during his service in Vietnam participation credit was awarded for the following campaigns:
* Tet Counteroffensive,
* Vietnam Counteroffensive Phase IV
* Vietnam Counteroffensive Phase V
* Vietnam CounteroffensivePhase VI
* Tet 69 Counteroffensive
12. A bronze service star is awarded for wear on the Vietnam Service Medal for participation in each campaign. A silver service star denotes five bronze service stars.
DISCUSSION AND CONCLUSIONS:
1. General orders awarded the applicant the Purple Heart for wounds he sustained as a result of hostile action on 8 May 1968.
2. General orders awarded his unit the RVN Gallantry Cross with Palm Unit Citations and the RVN Civil Actions Honor Medal First Class Unit Citation.
3. He participated in five campaigns during his service in the RVN; however, his DD Form 214 reflects one bronze service star. It would be appropriate to correct his record to show one silver service star for wear on his already-awarded Vietnam Service Medal.
4. The Overseas Service Ribbon was not established until 1981 and the applicant was released from active duty on 9 January 1970; however, the applicant is authorized two overseas service bars for his service in the RVN.
5. In view of the above, the awards indicated above should be added to his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ____X____ ____X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. deleting the Vietnam Service Medal with one bronze service star from his DD Form 214; and
b. adding to his DD Form 214 the:
* Vietnam Service Medal with silver service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation
* Overseas Service Bars (2)
2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the Overseas Service Ribbon (2nd Award).
_______ _ __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) AR20130004744
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130004744
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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