IN THE CASE OF:	  

		BOARD DATE:	  27 March 2014

		DOCKET NUMBER:  AR20130013424 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that he received shrapnel wounds to the right leg and that he was awarded two Purple Hearts. 

2.  The applicant states that his right lower leg was injured from shrapnel from a rocket shot into his river boat while in Vietnam and his DD Form 214 should reflect that wound and the fact that he received two Purple Hearts. 

3.  The applicant provides copies of his DD Form 214s and orders awarding him the Purple Heart (both first and second awards).

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 enlisted in the Regular Army on 7 September 1950.   He completed his training as a supply clerk and on 15 June 1953 was honorably discharged for the purpose of immediate reenlistment.

3.  He reenlisted on 16 June 1953 for assignment to the Far East Command and was transferred to Korea on 17 August 1953.  He arrived at Inchon on 19 August 1953 and departed Inchon on 4 October 1953 and was transferred to Japan.  He departed Japan on 2 October 1954 and was transferred back to Korea where he remained until 26 July 1955 when he was transferred to Fort Benning, Georgia and was honorably discharged on 15 June 1956.

4.  He again enlisted in the Regular Army on 25 August 1958 and continued to serve as a light weapons infantryman through a series of continuous reenlistments.  He was transferred to Vietnam on 27 July 1966 and served there until 1 June 1970.  He was transferred to Korea from 29 July to 2 October 1970 and was sent back to Vietnam from 23 October 1970 to 25 May 1971.

5.  His records show that he was wounded in the arm on 9 September 1966 and was awarded the Purple Heart on General Orders Number 63 issued by the 8th Field Hospital on 14 September 1966.  He was again wounded in the left leg on 10 March 1971 and was awarded the Purple Heart with 1Oak Leaf Cluster (OLC) in General Order Number 37 issued by Headquarters, 3rd Surgical Hospital on  11 March 1971.

6.  On 30 November 1972 he was honorably retired in the pay grade of E-6 due to length of service and was placed on the Army of the United States (AUS) Retired List effective 1 December 1972.  He had served 20 years and 15 days of active service and his DD Form 214 issued at the time of his retirement shows that he was awarded the Vietnam Campaign with 60 Device, Vietnam Service Medal with 10 bronze service stars, Bronze Star Medal (2nd Award), Good Conduct Medal, Combat Infantryman Badge, Purple Heart and Ranger Badge (Actually is the Republic of Vietnam Ranger Badge and was approved for acceptance and wear by proper authority).

7.  His official records also show that he was awarded the Army Commendation Medal in General Orders Number 386, issued by Headquarters, 4th Infantry Division, Fort Carson, Colorado on 13 November 1972.  Additionally, on previously issued DD Form 214s he was awarded the National Defense Service Medal, United Nations Service Medal, Korea Service Medal and the Parachutist Badge.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.

9.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.

10.  Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  Second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

11.  Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal (KDSM) 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.)

12.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides, in pertinent part, that the DD Form 214 will be prepared to reflect information that exists in official records at the time of separation.  The DD Form 214 issued at the time of the applicant’s retirement did not provide a block to denote wounds received as a result of action with enemy forces as did previous editions of that form.  Accordingly, there were no provisions to enter wounds received on that form and that issue will not be discussed further in these proceedings.

13.  Service medals and awards are not issued by the Army Board for Correction of Military Records (ABCMR).  However, the applicant may obtain his medals by submitting his request in writing to:  National Personnel Records Center, ATTN: Army Reference Branch, 1 Archives Drive, St. Louis, Missouri  63138.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant received two awards of the Purple Heart during the period covered by the applicant’s last DD Form 214.  Accordingly, the award of the Purple Heart 1OLC should be added to his DD Form 214.
2.  The applicant’s DD Form 214 reflects that he was awarded the Vietnam Service Medal with 10 bronze service stars for participation in 10 campaigns and should be corrected to reflect two silver service stars instead of 10 bronze service stars.

3.  The applicant’s DD Form 214 reflects award of the Ranger Badge and should be corrected to reflect the award of the Republic of Vietnam Ranger Badge. 

4.  The applicant was awarded the Army Commendation Medal at the time of his retirement and that award should be added to his DD Form 214 at this time.

5.  The applicant served during qualifying periods for awards of the National Defense Service Medal with one bronze service star and the KDSM.  Accordingly, they should be added to his DD Form 214 at this time.

6.  Additionally, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit and is entitled to have that award added to his DD Form 214.
  
BOARD VOTE:

____x___  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. 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:

* Deleting the awards of the Vietnam Service Medal with 10 bronze service stars, Purple Heart and Ranger Badge from item 24 of his DD Form 214 dated 30 November 1972
* Adding the awards of the Vietnam Service Medal with two silver service stars, Purple Heart 1OLC, Republic of Vietnam Ranger Badge, Army Commendation Medal, National Defense Service Medal with one bronze service star, KDSM and Republic of Vietnam Gallantry Cross with Palm Unit Citation to item 24 of his DD Form 214 dated 30 November 1972
2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _   _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)                                         AR20130013424





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130013424



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1