IN THE CASE OF:	  

		BOARD DATE:	  26 February 2014

		DOCKET NUMBER:  AR20130009872 


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:

* "V" device with his already-listed Army Commendation Medal (ARCOM)
* "V" device with his already-listed Bronze Star Medal (BSM)
* second award of the Purple Heart (PH)

2.  He also requests amendment of the PH orders he provides to show his first name as Howard.

3.  The applicant states his BSM and ARCOM orders reflect the "V" device.  He further states the two PH orders he provides show his correct service number; however, his first name is shown incorrectly.

4.  The applicant provides:

* ARCOM Certificate and orders
* two BSM Certificates and Citations
* two PH orders
* DD Form 214

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 25 July 1967, he was inducted into the Army of the United States.  He was awarded military occupational specialty 11B (Light Weapons Infantryman) and was advanced to the rank of specialist four/pay grade E-4.

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

* item 31 (Foreign Service), he was credited with service in Vietnam from 5 January through 30 December 1968
* item 38 (Record of Assignments), he was assigned to Company A, 5th Battalion, 60th Infantry Regiment, 9th Infantry Division, performing duties as a rifleman and senior rifleman during the period 11 January to 14 September 1968
* item 38, he was assigned to Company A, 1st Battalion (Mechanized), 16th Infantry Regiment, 1st Infantry Division (Redesignated), performing duties as a senior rifleman during the period 15 September to 30 December 1968
* item 40 (Wounds), he was wounded on 25 April and 7 May 1968

4.  Headquarters, Fort Polk, Special Orders Number 274, dated 23 October 1967, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar.

5.  Headquarters, Fort Polk, Special Orders Number 302, dated 21 November 1967, awarded him the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar.

6.  Headquarters, 9th Infantry Division, General Orders Number 3650, dated 22 May 1968, awarded him the PH for wounds received on 25 April 1968 in connection with military operations against a hostile force.  The standard name line in these orders shows a first name other than the first name shown in his records.  All other personally-identifying information in the orders is his.

7.  Headquarters, 9th Infantry Division, General Orders Number 3675, dated 22 May 1968, awarded him the PH with 1st Oak Leaf Cluster for wounds received in connection with military operations against a hostile force.  The standard name line shows a first name other than the first name shown in his records.  All other personally-indentifying information in the orders is his.

8.  Headquarters, 9th Infantry Division, General Orders Number 6139, dated 28 July 1968, awarded him the ARCOM with "V" Device for heroism on 15 March 1968 in connection with military operations against an armed hostile force.

9.  Headquarters, 9th Infantry Division, General Orders Number 7606, dated 27 August 1968, awarded him the ARCOM for outstanding achievement from 10 July to 20 August 1968.

10.  Headquarters, 1st Infantry Division, General Orders Number 13119, dated 14 December 1968, awarded him the BSM for meritorious service from January 1968 to January 1969.

11.  On 6 June 1969, he was honorably released from active duty.  He completed 1 year, 10 months, and 12 days of creditable active service.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Combat Infantryman Badge
* ARCOM
* Vietnam Service Medal (VSM)
* BSM
* PH
* one overseas service bar

12.  Department of the Army General Orders (DAGO) Number 40, dated 22 July 1970, awarded him the BSM for exceptionally valorous action on 7 May 1968.

13.  A review of his records indicates entitlement to additional awards not listed on his DD Form 214.

14.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam.  A bronze service star is authorized for wear on the VSM for participation in each campaign.  A silver service star is authorized in lieu of five bronze service stars.  During the applicant's tour of duty in Vietnam he participated in the following five campaigns:
* Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968)
* Tet Counteroffensive (30 January-1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April-30 June 1968)
* Vietnam Counteroffensive Phase V (1 July-1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)

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

	a.  The 5th Battalion, 60th Infantry Regiment, 9th Infantry Division was awarded the:

* Valorous Unit Award for the period 6-12 May 1968 by DAGO Number 43, dated 1970
* RVN Gallantry Cross with Palm Unit Citation for the periods December 1966-June 1968 and 1 July-13 November 1968 by DAGO Number 43, dated 1970
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 28 June 1969 by DAGO Number 59, dated 1969

	b.  The 1st Battalion, 16th Infantry Regiment, 1st Infantry Division, was awarded the:

* RVN Gallantry Cross with Palm Unit Citation for the period 12 July 1965-16 October 1968 by DAGO Number 21, dated 1969
* RVN Civil Actions Honor Medal First Class Unit Citation for the period October 1965 to 7 April 1970 by DAGO Number 53, dated 1970

16.  Paragraph 6 of Department of the Army Pamphlet 672-3 states not more than one RVN Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.

17.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the overseas service bar.

	a.  One overseas service bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or the appropriate Department of the Army message.  There are special provisions regarding authorization for the overseas service bar for service in a hostile fire zone and for combining service to calculate award of these bars.

	b.  For Vietnam service, one overseas service bar was authorized for each period of 6 months of active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  He provides General Orders Numbers 3650 and 3675 awarding him the PH.  The first name shown in the standard name line in these orders is not his.  However, the middle and last names and all other personally-identifying information in the standard name line are his.  Therefore, there is no reason to doubt the authenticity of the orders.  Further, his records show he was wounded on two separate dates in 1968.  As such, it would be appropriate to correct his DD Form 214 to show award of the PH (2nd Award).  It would also be appropriate to amend General Orders Numbers 3650 and 3675 to show his correct first name.

2.  General Orders Number 13119 awarded him the BSM for meritorious service for the period January 1968 to January 1969.  Additionally, DAGO Number 40 awarded him the BSM for valorous action on 7 May 1968.  Therefore, he is entitled to correction of his DD Form 214 to show the BSM (2nd Award) and "V" Device.

3.  General Orders Number 6139 awarded him the ARCOM with "V" Device for heroism on 15 March 1968 and General Orders Number 7606 awarded him the ARCOM for outstanding achievement.  Therefore, he is entitled to correction of his DD Form 214 to show the ARCOM (2nd Award) and "V" Device.

4.  Special Orders Number 274 awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar and Special Orders Number 302 awarded him the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar.  Therefore, he is entitled to have his DD Form 214 corrected to show these marksmanship qualification badges.

5.  His records show he was awarded the VSM.  Additionally, the evidence shows he participated in five campaigns while serving in Vietnam.  Therefore, he is authorized one silver service star to be affixed to his previously-awarded VSM.

6.  The evidence shows the applicant's units were cited for award of the Valorous Unit Award and two awards of the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation during his period of assignment to those units.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

7.  The evidence shows he met the criteria for wear of two overseas service bars.  Therefore, it would be appropriate to amend his DD Form 214 to show two overseas service bars.

8.  In view of the foregoing, the applicant's records should be corrected as shown below.

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 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.  amending General Orders Numbers 3650 and 3675 to show his first name as "Howard,"

	b.  deleting award of the PH, BSM, ARCOM, VSM, and one overseas service bar from his DD Form 214, and

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

* PH (2nd Award)
* BSM (2nd Award) and "V" Device
* ARCOM (2nd Award) and "V" Device
* VSM with one silver service star
* RVN Gallantry Cross with Palm Unit Citation (2nd Award)
* RVN Civil Actions Honor Medal First Class Unit Citation (2nd Award)
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar
* two overseas service 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)                                         AR20130009872



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ABCMR Record of Proceedings (cont)                                         AR20130009872



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