BOARD DATE:	  27 March 2014

		DOCKET NUMBER:  AR20130009862 


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 of the United States Report of Transfer or Discharge) for the period ending 21 April 1972 to show his Vietnam service and award of the Purple Heart.

2.  He states he doesn't have a DD Form 214 that shows Vietnam service.  This creates some issues with respect to obtaining benefits with the Department of Veterans Affairs.  

3.  He provides two copies of his DA Form 20 (Enlisted Qualification Record), one signed on 16 February 1971 and the other on 20 October 1971.  

4.  On 6 March 2014, he provided his Certification of Military Service for the period covering 12 March 1965 through 11 March 1968; his DD Form 47 (Record of Induction); three DD Forms 214 for the periods ending 6 February 1962, 11 March 1965, and 21 April 1972; and pages 1 to 3 of his DA Form 20.  

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 13 July 1961 and was honorably discharged on 6 February 1962.  His DD Form 214 for this period does not show any foreign service or award of the Purple Heart, but it does show the Marksman Marksmanship Qualification Badge with Rifle Bar.  

3.  He enlisted in the Regular Army on 7 February 1962 and was honorably discharged on 11 March 1965 for immediate reenlistment.  His DD Form 214 for this period shows he completed 1 year, 1 month, and 4 days of foreign service in Korea.  This discharge document does not show the Purple Heart, but it shows the Sharpshooter Marksmanship Qualification Badge with Carbine and Rifle 
(M-14) Bars.

4.  He reenlisted on 12 March 1965.  

5.  The first copy of his DA Form 20 shows in:

   a.  Item 31 (Foreign Service) he served in Vietnam from 20 February 1967 to 9 February 1968 (a period of 1 year) and in Korea from 15 April 1965 to 7 June 1966.
   
   b.  Item 38 (Record of Assignments) he was assigned to Company B, 3rd Battalion, 5tth Cavalry, 9th Infantry Division from 22 February to 2 July 1967 and Headquarters and Headquarters Company and Band Support Command, 9th Infantry Division from 3 July 1967 to 19 February 1968. 
   
   c.  Item 38, no entry indicating he was in a patient status.
   
   d.  Item 40 (Wounds), he sustained a deep wound on his right elbow on 19 April 1967.  
   
   e.  Item 41 (Awards and Decorations), does not list award of the Purple Heart, but lists award of the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, Republic of Vietnam Campaign Medal with Device (1960), Army Good Conduct Medal (first award) issued by Headquarters 8th Field Army Support Command General Orders 354, dated 31 December 1968, Armed Forces Expeditionary Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) and Carbine Bars.

6.  He was honorably discharged on 11 March 1968 for immediate reenlistment.  His DD Form 214 for this period is not present in his service record.  However, he was issued a Certification of Military Service for this period of service.  

7.  His service record does not include orders for award of the Purple Heart.  His name is not listed on the Vietnam Casualty Roster.  

8.  He reenlisted on 12 March 1968 and was honorably discharged on 21 April 1972.  His DD Form 214 for this period shows he completed 3 years, 9 months, and 9 days of foreign service in the U.S. Army Pacific (USARPAC).  This discharge document does not list any awards.  Item 30 (Remarks) includes the entry "Vietnam Service:  None."  

9.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.

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 the unit to which the applicant was assigned was cited for award of the:

	a.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966 to 30 June 1968 by Department of the Army General Order (DAGO) Number 31, dated 1969.

	b.  Meritorious Unit Commendation for the period 1 January to 31 December 1968 by DAGO Number 48, dated 1969.

	c.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 28 June 1969 by DAGO Number 59, dated 1969.  

11.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  The version in effect at the time directed that the total active duty outside the continental United States for the period covered by the DD Form 214 and the last oversea theater in which service was performed would be entered in item 22c.  
12.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that 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.

13.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9 of the version in effect at the time, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.

14.  Army Regulation 600-8-22 states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.)

15.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that 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 Vietnam Counteroffensive Phase II, Vietnam Counteroffensive Phase III, and Tet Counteroffensive campaigns.

DISCUSSION AND CONCLUSIONS:

1.  Item 38 of the applicant's DA Form 20 shows he served in Vietnam from 20 February 1967 through 19 February 1968.  This is a period of 1 year of foreign service.  

2.  Although the governing regulation in effect at the time did not provide instructions to record Vietnam service in item 30 of the DD Form 214, there is no harm in adding his service in Vietnam from 20 February 1967 through 19 February 1968 to item 30 of his last DD Form 214.  

3.  The applicant’s service record does not contain orders which authorize him award of the Purple Heart.  However, his DA Form 20 shows he was wounded in action on 19 April 1967 in Vietnam.  This available evidence is sufficient as a basis to award him the Purple Heart and to correct his last DD Form 214 to show award of the Purple Heart.
4.  He participated in three campaign phases during his service in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal.

5.  During his assignment in Vietnam, his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Meritorious Unit Commendation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

6.  His DA Form 20 lists award of the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, Republic of Vietnam Campaign Medal with Device (1960), Army Good Conduct Medal (first award), Armed Forces Expeditionary Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) and Carbine Bars.

7.  The evidence of record shows he served a period of qualifying service in Korea for award of the Korea Defense Service Medal.  

8.  In the absence of his DD Form 214 for the period ending 11 March 1968, it would be appropriate to amend his last DD Form 214 to reflect all of the awards to which he was awarded or authorized during his tenure on active duty.  

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.  awarding him the Purple Heart for wounds received in action on 19 April 1967; 
   
   b.  amending item 30 of his DD Form 214 for the period ending 21 April 1972 to add the entry "Vietnam Service:  20 February 1967 through 19 February 1968"; and 
   
   c.  amending his DD Form 214 for the period ending 21 April 1972 by adding award of the:

* Purple Heart
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Meritorious Unit Commendation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* National Defense Service Medal
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Good Conduct Medal (first award)
* Armed Forces Expeditionary Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) and Carbine Bars




      _______ _   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)                                         AR20130009862





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ABCMR Record of Proceedings (cont)                                         AR20130009862



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