IN THE CASE OF:
BOARD DATE: 27 February 2014
DOCKET NUMBER: AR20130011023
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show two oak leaf clusters (OLC) authorized for wear on his Purple Heart.
2. The applicant states he earned two OLCs which are not shown on his DD Form 214.
3. The applicant provides no additional documents.
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 May 1966. He was trained in and awarded military occupational specialty 11B (Light Weapons Infantryman).
3. His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 26 November 1966 to 30 June 1967, while assigned for duty with 1st Battalion, 5th Infantry Regiment. It also shows he served in Korea from 1 July to 13 December 1967.
4. Item 40 (Wounds) of his DA Form 20 contains entries which show he was wounded on three separate occasions on 11 December 1966, 1 March 1967, and 8 April 1967. His Military Personnel Records Jacket (MPRJ) includes General Order Number (#) 10, dated 17 April 1967, which announced his award of the Purple Heart with 2nd OLC.
5. On 17 May 1968, the applicant was honorably released from active duty after completing 2 years of creditable active duty service. Item 13 of the DD Form 214 issued him at that time contains the following awards:
* PH
* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal
* Combat Infantryman Badge
6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.
a. Paragraph 2-13 of the awards regulation 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 the applicant's service in Vietnam, he participated in the following two campaigns:
* Vietnam Counteroffensive Phase II
* Vietnam Counteroffensive Phase III
b. Paragraph 2-20 of the awards regulation states the KDSM is authorized to be awarded to members who served on active duty in Korea for 30 consecutive or 60 non-consecutive days after 28 July 1954 to a date to be determined.
7. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault-landing credit, and unit citation badges awarded during the Vietnam Conflict. It confirms that during his tenure of assignment in the RVN his unit (1st Battalion, 5th Infantry Regiment) earned the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant was awarded the PH w/2OLC for being wounded in action three times during his service in the RVN. Only one of these awards is shown on his DD Form 214. Accordingly, the applicants claim is corroborated by the evidence of record and his DD Form 214 should be corrected to add two OLCs to his PH.
2. Based on the applicants service and campaign participation in the RVN, he is also entitled to the RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and two bronze service stars to be affixed to his already-awarded VSM.
3. Finally, by regulation the KDSM is authorized to members who served in Korea for 30 consecutive or 60 non-consecutive days after 28 July 1954. The evidence of record confirms the applicant served in Korea for 5 months and 13 days from 1 July 13 December 1967. Thus, it would be appropriate to add this award to his DD Form 214.
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 and Purple Heart from his DD Form 214 and adding the following awards:
* Purple Heart with two Oak Leaf Clusters
* Vietnam Service Medal with two bronze service stars
* Korea Defense Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
b. issuing him a correction to his DD Form 214 to reflect these awards.
_______ _ __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) AR20130011023
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ABCMR Record of Proceedings (cont) AR20130011023
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