IN THE CASE OF:	  

		BOARD DATE:	  17 December 2013

		DOCKET NUMBER:  AR20130006573 


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 following corrections of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge):

* Item 5a (Grade, Rate, or Rank) to show the rank of sergeant (SGT)
* Item 5b (Pay Grade) to show E-5
* Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) to show the Purple Heart and Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  The applicant states for award of the Purple Heart his medical records list a fragment wound.  He also has the orders and certificate for the Purple Heart.  He further has the orders promoting him to SGT.  

3.  The applicant provides:

* Purple Heart orders, certificate, and announcement letter
* SGT promotion orders
* Standard Form (SF) 89 (Report of Medical History)
* DD Form 214
* U.S. Army Reserve (USAR) Letter Orders
* 1974 Honorable Discharge Certificate
* Letter from the National Personnel Records Center



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 complete military records are not available for review.  However, he provides sufficient documents for the Board to conduct a fair and impartial review of this case.

3.  The available records show he was inducted into the Army of the United States on 29 May 1968.  At the time of his separation, he held military occupational specialty 11B (light weapons infantryman).  

4.  He served in Vietnam from 26 October 1968 through 18 August 1969, during four campaigns.  He appears to have been assigned to Company B, 1st Battalion, 20th Infantry, 11th Infantry Brigade.

5.  The applicant provides copies of the following:

* General Orders (GO) Number 4229, issued by Headquarters, Americal Division, on 25 May 1969, awarding him the Purple Heart for wounds received in action on 12 May 1969 in Vietnam and the resulting certificate
* Special Orders (SO) Number 283, issued by Headquarters, Special Troops, U.S. Army Armor Center, Fort Knox, KY, on 15 November 1969, promoting him to SGT (temporary (T)) with an effective date of 14 November 1969
* SF 89, dated 8 April 1970, which shows his rank as SGT and shows he sustained a fragment wound to the left side of his head in front of the ear, requiring five stitches to close, in May 1969 in Vietnam

6.  He was honorably released from active duty on 28 May 1970.  He was credited with 2 years of active service with no time lost.  His DD Form 214 lists in:


* Item 5a – SP4 (specialist four)
* Item 5b – E-4
* Item 6 (Date of Rank) – 6 January 1969
* Item 24 – Vietnam Service Medal, Vietnam Campaign Medal, Combat Infantryman Badge, National Defense Service Medal, and Expert Marksmanship Qualification Badge with Rifle Bar

7.  The Vietnam Casualty Roster shows he was wounded on 12 May 1969.  The roster also shows the applicant's casualty status code was "24."  This code indicates the status "hostile wounded in action, not serious, not hospitalized."  

8.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized to be worn with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.   

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for the preparation of the DD Form 214.  The regulation stated items 5a, 5b, and 6 would list the rank, pay grade, and the effective date of the individual's promotion or reduction to the rank and pay grade in which the individual was serving on the effective date of separation.

10.  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 his unit, 1st Battalion, 20th Infantry, was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 2 November 1968 to 28 February 1969, by Department of the Army General Orders Number 2, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Purple Heart for wounds received in action on 12 May 1969 in Vietnam.  Therefore, he is entitled to correction to his DD Form 214 to show this award.

2.  SO promoted him to SGT (T)/E-5 with an effective date of 14 November 1969. Therefore, he is entitled to correction to his DD Form 214 to show his rank and grade as SGT/E-5.

3.  The evidence of record shows he served in Vietnam during four campaigns.  Therefore, he is entitled to award four bronze service stars to be affixed to his already-awarded Vietnam Service Medal and correction to his DD Form 214 to show these service stars.

4.  GO awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would also be appropriate to correct 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:

* deleting from item 5a, 5b, and 6 of the applicant's DD Form 214 the entries "SP4," "E-4," and "6 January 1969" and adding the entries "SGT (T)," "E-5," and "15 November 1969" respectively
* deleting from item 24 of his DD Form 214 the Vietnam Service Medal and adding the:
* Purple Heart
* Vietnam Service Medal with four bronze service stars
* 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)                                         AR20130006573



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ABCMR Record of Proceedings (cont)                                         AR20130006573



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