IN THE CASE OF:	  

		BOARD DATE:	  19 November 2013

		DOCKET NUMBER:  AR20130005739 


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 Bronze Star Medal.

2.  The applicant states the Purple Heart and Bronze Star Medal are not listed on his DD Form 214. 

3.  The applicant provides:

* a letter, dated 30 December 1970
* DD Form 214

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 11 April 1969.  He completed training and he was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

a.  item 41 (Awards and Decorations):

*	National Defense Service Medal
*	Vietnam Service Medal
*	Combat Infantryman Badge
*	Republic of Vietnam Campaign Medal with Device (1960)
*	Air Medal
*	Army Commendation Medal
*	Army Good Conduct Medal
*	Marksmanship Qualification Badge

b. item 31 (Foreign Service), service in Vietnam from 4 September 1969 through 20 July 1970; and

c. item 38 (Record of Assignments):

*	Headquarters and Headquarters Company, 2nd Battalion (Airmobile), 506th Infantry, from 17 September 1969 through 4 October 1969
*	Company C, 2nd Battalion (Airmobile), 506th Infantry, from 5 October 1969 through 14 February 1970
*	Company E, 2nd Battalion (Airmobile), 506th Infantry, from 15 February 1970 through 20 July 1970

4.  Headquarters, 101st Airborne Division (Airmobile) issued the following General Orders (GO) pertaining to the applicant:

* GO Number 8655, dated 4 August 1970, awarding him the Bronze Star Medal
* GO Number 14728, dated 18 December 1970, awarding him the Purple Heart

5.  On 9 April 1971, he was honorably released from active duty after completing 1 year, 11 months, and 29 days of creditable active military service.  His
DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal with 3 bronze service stars
* Combat Infantryman Badge
* Air Medal
* Army Commendation Medal
* Army Good Conduct Medal
* Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16)
* First Class Gunner (known as Sharpshooter) Marksmanship Qualification Badge with Machine Gun Bar (M-60)

6.  A review of his record indicates entitlement to additional awards not listed on his DD Form 214.

7.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.  The Vietnam campaigns are listed in appendix B.  His record shows his service in Vietnam coincided with four campaigns:  

* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* DA Sanctuary Counteroffensive (1 May 1970 – 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 – 30 June 1971)

8.  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 2nd Battalion, 506th Infantry was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 3 October 1968 to 2 May 1970, by Department of the Army GO (DAGO) Number 48, dated 1971.

9.  DAGO Number 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.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Purple Heart and Bronze Star Medal; therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  He was awarded the Vietnam Service Medal and he 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 for wear on the previously-awarded Vietnam Service Medal.

3.  He was assigned to a unit in Vietnam during a period for which it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 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.

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 Vietnam Service Medal with 3 bronze service stars from his DD Form 214, and 

	b.  adding the following awards to his DD Form 214:

* Bronze Star Medal
* Purple Heart
* Vietnam Service Medal with 4 bronze service stars
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* 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)                                         AR20130005739



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ABCMR Record of Proceedings (cont)                                         AR20130005739



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