IN THE CASE OF:	  

		BOARD DATE:	  17 December 2013

		DOCKET NUMBER:  AR20130008204 


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 all awards he is entitled to.  Specifically, he requests award of the:

* Purple Heart
* Army Good Conduct Medal (AGCM)

2.  He states he discovered the error when he applied for Department of Veterans Affairs benefits.

3.  He provides his DD Form 214 and Purple Heart certificate.

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 January 1968.  He completed training and he was awarded military occupational specialty 91B (Medical Specialist).  

3.  His record contains a DA Form 20 (Enlisted Qualification Record) that shows in:

	a.  item 31 (Foreign Service) he served in Vietnam from 29 December 1968 to 25 December 1969.

	b.  item 38 (Record of Assignments) he was assigned to:

* 37th Medical Company, 11th Armored Cavalry Regiment (ACR), as a medical aidman, from 2 January through 15 January 1969
* I Troop, 3d Squadron, 11th ACR, as a medical aidman, from 
16 January through 4 July 1969
* Headquarters and Headquarters Troop, 3d Squadron, 11th ACR, as a medical aidman, from 5 July to 25 December 1969 

	c.  Item 41 (Awards and Decoration) he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal
* Combat Medical Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* Purple Heart
* AGCM (1st Award)

4.  On 27 December 1969, he was honorably released from active duty and credited with 1 year, 11 months, and 17 days of active duty service.  The
DD Form 214 he was issued at the time shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

5.  Headquarters, 3d Squadron, 11th ACR, General Orders Number 108, dated 
18 August 1969, contained in his records, show he was awarded the Purple Heart for wounds received in action on 19 June 1969.

6.  Headquarters, 3d Squadron, 11th ACR, General Orders Number 22, dated 
27 November 1969, contained in his records, show he was awarded the AGCM (1st Award) for the period 11 January 1968 to 28 December 1969.
7.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns:

* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69/Counteroffensive (23 February 1969 - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June 1969 - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units that served in the Vietnam War.  This pamphlet shows the 11th ACR was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders (DAGO) Number 50, dated 1971.  It also shows that during the period the applicant was assigned, Troop I, 11th ACR was awarded the Valorous Unit Award by DAGO Number 50, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  Orders verify he was awarded the Purple Heart and the AGCM (1st Award).  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  His DA Form 20 verifies that in addition to being awarded the Purple Heart and the AGCM, he was also awarded the Combat Medical Badge.  Therefore, his DD Form 214 should be corrected to show this badge.

3.  Records show he participated in four campaigns during his service in Vietnam that entitles him to four bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

4.  The evidence of record also shows he is entitled to wear the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected 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 from his DD Form 214 the Vietnam Service Medal;

	b.  adding to his DD Form 214 the:

* Purple Heart
* Combat Medical Badge
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Valorous Unit Award
* 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)                                         AR20130008204





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ABCMR Record of Proceedings (cont)                                         AR20130008204



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