IN THE CASE OF:	

		BOARD DATE:	  3 April 2014

		DOCKET NUMBER:  AR20130013604 


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 award of the Purple Heart.  He also requests correction of his DD Form 214 (Report of Separation from Active Duty) for the period ending 4 August 1977 to show award of Bronze Star Medal with 2nd Oak Leaf Cluster.

2.  The applicant states proper documentation of these awards affects his ability to apply for veterans' benefits.

3.  The applicant provides:

* Bronze Star Medal with "V" Device orders, dated 19 July 1968
* Bronze Star Medal with 2nd Oak Leaf Cluster orders, dated 24 January 1969
* Bronze Star Medal with 2nd Oak Leaf Cluster Certificate and Citation

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 DD Form 398 (Statement of Personal History) the applicant completed on 4 August 1967 shows his first name as John.  He also indicated the name Jack in item 3 (Alias(es), Nickname(s), or Change's in Name (Other Than by Marriage).  He enlisted under the first name Jack and used the first name Jack throughout both periods of his service.

3.  The applicant's social security number (SSN) for his first period of service does not match the SSN for his second period of service.

	a.  During the applicant's period of service from 3 August 1967 to 1 August 1969, Soldiers were primarily identified using an Army service number (ASN).  All orders issued during this period and his DD Form 214 identify him using the ASN US XX XXX 436 and show his SSN as XXX-XX-7112.

	b.  When he enlisted on 30 April 1975, ASN's were no longer used and a Soldier was identified using the SSN.  The SSN shown on his DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) is XXX-XX-0025.  He completed a DD Form 398 on 28 April 1975 whereon he indicated his SSN as XXX-XX-0025.  He also indicated he had prior service in the Army from 3 August 1967 to 2 August 1969 and entered his ASN as US XX XXX 436.  A DD Form 1584 (National Agency Check Request) submitted on 2 May 1975 shows his SSN as XXX-XX-0025 and includes his former ASN US XX XXX 436.  His DD Form 214 for this period shows his SSN as 
XXX-XX-0025.

	c.  The reason he changed his SSN is unknown.  The evidence is sufficient to show the two DD Forms 214 and all orders in this Record of Proceedings identify the same individual.

4.  He previously served in the Regular Army from 3 August 1967 to 1 August 1969.  He was assigned to the 1st Battalion, 18th Infantry Regiment, in the Republic of Vietnam from 18 January 1968 to 4 January 1969.

5.  Headquarters, 1st Infantry Division, General Orders Number 6953, dated 19 July 1968, awarded him the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 1 May 1968.  The orders state, in part:

[Applicant] provided covering fire while a medical aidman moved forward and treated the wounded individual.  Again braving the concentrated enemy fire, he moved to the rear and quickly returned with vital resupplies of ammunition.  Although wounded in the stomach by shrapnel, [Applicant] dauntlessly assisted the medical aidman in evacuating the wounded soldier.

6.  Headquarters, 1st Infantry Division, issued:

* General Orders Number 8223, dated 12 August 1968, awarding him the Bronze Star Medal with1st Oak Leaf Cluster with "V" Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 4 May 1968
* General Orders Number 680, dated 24 January 1969, awarding him the Bronze Star Medal with 2nd Oak Leaf Cluster for meritorious service from January 1968 to January 1969
* General Orders Number 923, dated 3 February 1969, awarding him the Air Medal for meritorious achievement while participating in aerial flight from 1 February to 1 December 1968

7.  On 1 August 1969, he was honorably released from active duty.  He completed 1 year, 11 months, and 29 days of active service during this period.

8.  On 30 April 1975, he enlisted in the Regular Army for 4 years.  On 4 August 1977, he was discharged by reason of hardship.  He completed 2 years, 3 months, and 5 days of active service during this period that was characterized as honorable.  His DD Form 214, as amended by a DD Form 215 (Correction to DD Form 214), dated 27 July 2011, shows he was awarded or authorized the:

* Bronze Star Medal (3rd Award)
* Combat Infantryman Badge
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* National Defense Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Army Good Conduct Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bars (M-16 and M-14)

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.  This pamphlet shows that during the time of the applicant's assignment to the 1st Battalion, 18th Infantry Regiment, the unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 July 1965-7 April 1970.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify 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.

	b.  The award of a bronze service star is authorized based on qualifying service for each campaign listed in appendix B.  The following campaigns coincide with the applicant's Vietnam service:

* Vietnam Counteroffensive Phase III Campaign (1 June 1967-29 January 1968)
* Tet Counteroffensive Campaign (30 January 1968-1 April 1968)
* Vietnam Counteroffensive Phase IV Campaign (2 April 1968-30 June 1968)
* Vietnam Counteroffensive Phase V Campaign (1 July 1968-1 November 1968)
* Vietnam Counteroffensive Phase VI Campaign (2 November 1968-22 February 1969)

	c.  A silver service star is worn in lieu of five bronze service stars.  Authorized service stars will be worn on the appropriate campaign medal, including the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  His orders for the award of the Bronze Star Medal with "V" Device show he was wounded in action on 1 May 1968.  Therefore, he should be awarded the Purple Heart for wounds received on 1 May 1968 in the Republic of Vietnam.

2.  The DD Form 215, dated 27 July 2011, does not show his Bronze Star Medals with "V" Device.  Based on general orders, he was awarded three Bronze Star Medals, two with the "V" Device.  Therefore, the entry on his DD Form 214 for the period ending 4 August 1977 should read "Bronze Star Medal (3rd Award) and "V" Device."

3.  Based on his three awards of the Bronze Star Medal, the applicant would wear the ribbon or medal with two oak leaf clusters and one "V" device.  The DD Form 214 only shows how many awards a member was awarded.  It does not, nor is it intended to, reflect how an award is to be worn.

4.  General orders show he was awarded the Air Medal.  Therefore, this award should be added to his DD Form 214 for the period ending 4 August 1977.

5.  He was assigned to the 1st Battalion, 18th Infantry Regiment, during the period the unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, this unit award should be added to his DD Form 214 for the period ending 4 August 1977.

6.  He participated in five campaigns during his service in Vietnam.  Therefore, he is authorized one silver service star to be worn on his Vietnam Service Medal.

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 is 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 as a result of hostile action in the Republic of Vietnam on 1 May 1968 and


	b.  amending his DD Form 214 for the period ending 4 August 1977 by deleting award of the Bronze Star Medal (3rd Award) and Vietnam Service Medal and adding the following awards:

* Bronze Star Medal (3rd Award) and "V" Device
* Purple Heart
* Air Medal
* Vietnam Service Medal with one silver service star
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20130013604



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ABCMR Record of Proceedings (cont)                                         AR20130013604



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