IN THE CASE OF:	  

		BOARD DATE:	  19 December 2013

		DOCKET NUMBER:  AR20130007589 


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 Bronze Star Medal with "V" Device and Purple Heart.

2.  The applicant states his DD Form 214 does not show his award of the Bronze Star Medal with "V" Device and Purple Heart.

3.  The applicant provides:

* DD Form 214
* Headquarters, 1st Infantry Division, General Orders Number 295, dated 13 January 1968

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 18 January 1967.  He completed training and he was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  Headquarters, 1st Infantry Division, General Orders Number 295, dated 13 January 1968, awarded him the Bronze Star Medal with "V" Device for his actions on 7 November 1967 during a military operation against hostile forces near Loc Ninh, Vietnam.  The orders show he was wounded by fragments from a rocket round during the operation.  His wounds were severe enough to cause him to slump to the ground and he propped himself against a tree to continue firing.

4.  Headquarters, 1st Infantry Division, General Orders Number 6413, dated 3 July 1968, awarded him the Army Commendation Medal for meritorious service during the period June 1967 to June 1968.

5.  On 17 January 1969, the applicant was honorably released from active duty.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Army Good Conduct Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Bronze Star Medal

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

* item 31 (Foreign Service) – service in Vietnam during the period 22 June 1967 through 21 June 1968.
* item 38 (Record of Assignments) –

*	Company A, 1st Battalion, 26th Infantry, 1st Infantry Division, from 3 July 1967 through 8 July 1967
*	Company C, 1st Battalion, 26th Infantry, 1st Infantry Division, from 9 July 1967 through 16 June 1968

* item 41 (Awards and Decorations) –

* National Defense Service Medal
* Combat Infantryman Badge
* Vietnam Service Medal
* Bronze Star Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* one overseas service bar
* Army Good Conduct Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

7.  His record is void of documentation showing he was awarded the Purple Heart.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

	b.  A bronze service star is worn on the appropriate service ribbon for each credited campaign, including the Vietnam Service Medal.  The Vietnam campaigns are listed in appendix B.  His records show his service in Vietnam coincided with three campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968)
* Tet Counteroffensive (30 January 1968-1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April 1968-30 June 1968)

9.  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 1st Battalion, 26th Infantry, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 to 16 October 1968 in Department of the Army General Orders Number 21, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1965 to 7 April 1970 in Department of the Army General Orders Number 53, dated 1970



DISCUSSION AND CONCLUSIONS:

1.  His DD Form 214 shows award of the Bronze Star Medal; however, the orders announcing his award of this medal clearly show it was with "V" device.  The evidence indicates the "V" device was omitted in error.  Therefore, he is entitled to correction of his DD Form 214 to show award of the Bronze Star Medal with "V" Device.

2.  General orders awarded the applicant the Army Commendation Medal; therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  His records are void of documentation showing he was awarded the Purple Heart.  However, his citation for award of the Bronze Star Medal with "V" Device shows he was wounded by fragments from a rocket round while engaging hostile forces.  This evidence is a sufficient basis upon which to award him the Purple Heart and correct his DD Form 214 to show this award.

4.  The applicant was awarded the Combat Infantryman Badge; therefore, he is entitled to correction of his DD Form 214 to show this badge.

5.  The unit to which he was assigned in Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

6.  The applicant participated in three campaigns during his service in Vietnam that entitles him to three bronze service stars for wear on his previously-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show three bronze service stars affixed to his previously awarded Vietnam Service Medal.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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.  awarding him the Purple Heart for wounds received in action on 7 November 1967;

	b.  deleting award of the Bronze Star Medal and Vietnam Service Medal from his DD Form 214, and

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

   *	Bronze Star Medal with "V" Device
   *	Purple Heart
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
   *	Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
   *	Combat Infantryman Badge



      _____________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)                                         AR20130007589



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ABCMR Record of Proceedings (cont)                                         AR20130007589



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