IN THE CASE OF:	  

		BOARD DATE:	  17 December 2013

		DOCKET NUMBER:  AR20130007500 


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.

2.  He states, in effect, his name was misspelled on his Purple Heart orders and plaque, resulting in his Purple Heart not being shown on his DD Form 214.

3.  He provides his DD Form 214, Purple Heart Orders and Citation, and a claim for 10-point veteran preference.

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.  On 31 August 1965, the applicant enlisted in the Regular Army.  After completing initial entry training, he was awarded military occupational specialty 67N (UH-1 Helicopter Repairman). 

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

* item 31 (Foreign Service) he served in the Republic of Vietnam (RVN)
18 January 1967 to 17 January 1968
* item 38 (Record of Assignments) he was assigned:

* 162nd Assault Helicopter Company, from 27 January to 3 April 1967
* 187th Aviation Company, from 4 April to 7 May 1967
* 188th Aviation Company, from 8 May 1967 to 13 January 1968

4.  Headquarters, 12th Evacuation Hospital, issued General Orders Number 177, dated 1 September 1967, awarding him the Purple Heart for wounds he incurred on 30 August 1967.  The orders contain a one-letter error in the spelling of his last name, but do contain his correct service number, rank, and unit of assignment.

5.  On 30 August 1968, he was honorably released from active duty after completing 3 years of total active service.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Air Medal
* Vietnam Service Medal 
* RVN Campaign Medal

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  The pamphlet shows:

	a.  Department of the Army GO Number 48, dated 1968, cited 12th Aviation Group and its assigned and attached units, which included the applicant's RVN units, for award of the Meritorious Unit Commendation, for the period 1 January to 31 December 1967.

	b.  His RVN units were cited for the award RVN Gallantry Cross with Palm Unit Citation for the period, 27 March to 17 May 1968 by DAGO 46, dated 1969.  The 162nd Aviation Company received a second award for the period 1 March 1966 to 26 March 1967, based on DAGO 22, dated 1968.
	c.  The RVN Civil Actions Honor Medal was awarded to the 162nd Aviation Company based on DAGO 59, dated 1969, for the period 19 December 1966 to 
28 June 1969.

7.  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 badge is not authorized, official military personnel and historical records will indicate all awards received.

8.  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 two campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968)

DISCUSSION AND CONCLUSIONS:

1.  The available evidence supports his request for correction of his DD Form 214 to show the Purple Heart.

2.  While the general orders that announced the applicant's award of the Purple Heart do contain an error in the spelling of his name, there is sufficient data in those orders to accurately identify the orders as pertaining to him.  Therefore, it would be appropriate to add the Purple Heart to his DD Form 214.

3.  He was awarded the Vietnam Service Medal and he participated in two campaigns while serving in the RVN.  Therefore, he is entitled to correction of his DD Form 214 to show two bronze service stars for wear on the Vietnam Service Medal.

4.  He was assigned to units in Vietnam during periods for which the units were cited for the Meritorious Unit Commendation, two awards of the RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

5.  The applicant should note that although his units were twice awarded the RVN Gallantry Cross with Palm Unit Citation, only one of these awards may be displayed on the military uniform.

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 from his DD Form 214; and

	b.  adding to his DD Form 214 the:

* Purple Heart
* Vietnam Service Medal with two bronze service stars
* RVN Gallantry Cross with Palm Unit Citation (2nd Award)
* RVN Civil Actions Honor Medal First Class 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)                                         AR20130007500





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ABCMR Record of Proceedings (cont)                                         AR20130007500



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