IN THE CASE OF:	

		BOARD DATE:	    22 April 2014

		DOCKET NUMBER:  AR20130014026 


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 the Purple Heart (2nd Award) and Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar.

2.  The applicant states that because he was wounded for the second time near the end of his tour in Vietnam, the orders may not have caught up with his DD Form 214.

3.  The applicant provides:

* Special Orders Number 141
* Western Union Telegram
* Purple Heart with First Oak Leaf Cluster (2nd Award) Certificate
* DD Form 214
* DA Form 1577 (Authorization for Issuance of 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.  On 7 February 1968, the applicant enlisted in the Regular Army.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

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

* item 31 (Foreign Service) he was credited with service in Vietnam during the period 1 April 1969 through 21 March 1970
* item 38 (Record of Assignments) he was assigned to Company A, 3rd Battalion, 7th Infantry, 199th Infantry Brigade, performing duties as a rifleman, team leader, and squad leader during the period 25 April 1969 through 21 March 1970
* item 40 (Wounds) – "FW Left Arm and Hand" on 23 May 1969 and "MFW R Leg" on 1 March 1970

4.  Special Orders Number 141, issued by Headquarters, U.S. Army Training Center, Infantry and Fort Lewis, dated 21 May 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar.

5.  General Order Number 143, issued by Headquarters, 92d Evacuation Hospital, dated 24 May 1969, awarded him the Purple Heart for wounds received in action on 23 May 1969.

6.  General Order Number 44, issued by Headquarters, 3d Field Hospital, dated 2 March 1970, awarded him the Purple Heart (2nd Award) for wounds received in action on 1 March 1970.

7.  On 5 February 1971, he was honorably released from active duty in the rank of sergeant/E-5.  He completed 2 years, 11 months, and 29 days of creditable active service.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Republic of Vietnam (RVN) Campaign Medal with 1960 Device
* Vietnam Service Medal with two bronze service stars
* Combat Infantryman Badge
* Purple Heart 
* Parachutist Badge
* Air Medal
* Army Commendation Medal (3rd Award)
* Army Good Conduct Medal (1st Award)
* Bronze Star Medal with "V" Device
* two Overseas Service Bars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16)

8.  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.  The Vietnam campaigns are listed in appendix B.  His service in Vietnam coincided with three campaigns:

* Tet 69 Counteroffensive (23 February-8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)

9.  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 3rd Battalion, 7th Infantry, 199th Infantry Brigade was awarded:

* RVN Gallantry Cross with Palm Unit Citation for the period 19 June 1968 to 31 July 1970 by Department of the Army General Orders (DAGO) Number 51, dated 1971
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 12 December 1966 to 31 August 1970 by DAGO Number 51, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  He was awarded the Purple Heart for wounds received in action on 23 May 1969.  General Order Number 44 awarded him the Purple Heart (2nd Award) for wounds received in action on 1 March 1970.  Therefore, he is entitled to have his DD Form 214 amended to show this award.

2.  His unit in Vietnam was cited for award of the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

3.  He participated in three campaigns during his service in Vietnam which entitles him to three bronze service stars for wear on his already-awarded Vietnam Service Medal.  As such, his DD Form 214 should be corrected to show these bronze service stars.
4.  Special Orders Number 141 awarded him the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar.  Therefore, he is entitled to have this qualification badge added to his DD Form 214.

5.  As such, his records should be corrected as recommended 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.  deleting the Purple Heart and Vietnam Service Medal with two bronze service stars from his DD Form 214 and 

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

* Purple Heart (2nd Award)
* Vietnam Service Medal with three bronze service stars
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar 



      _______ _ 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)                                         AR20130014026



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ABCMR Record of Proceedings (cont)                                         AR20130014026



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