BOARD DATE:	  22 April 2014

		DOCKET NUMBER:  AR20130014028 


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 award of the Purple Heart.

2.  The applicant states:

* he received the Purple Heart but it was never added to his DD Form 214
* his social security number is incorrect on the orders awarding him the Purple Heart

3.  The applicant provides a copy of General Orders (GO) Number 172, issued by Headquarters, 101st Airborne Division, dated 7 January 1969.

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 completed a DD Form 398 (Statement of Personal History) prior to his induction into the Army of the United States.  He listed his social security number (SSN) as xxx-xx-x0xx.

3.  The applicant was inducted into the Army of the United States on 30 March 1967.  His DD Form 47 (Record of Induction) shows his service number as xxxxx200.

4.  On 8 May 1967, a DD Form 1343 (Notification of Change in Service Member's Official Records) was issued changing the applicant's service number to xxxxx206.

5.  Special Order (SO) Number 134, issued by Headquarters, U.S. Army Training Center, Fort Bliss, TX, dated 14 May 1967, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  On 17 July 1967, the applicant accepted nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice, for failure to repair for training.

7.  SO Number 125, issued by Headquarters, 3rd Training Brigade (Infantry), U.S. Army Training Command, Fort Gordon, GA, dated 14 August 1967, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Mortar Bar (81 millimeter) and the Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber).

8.  SO Number 127, issued by Headquarters, 3rd Training Brigade (Infantry), U.S. Army Training Command, Fort Gordon, GA, dated 16 August 1967, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

9.  He served in Vietnam from 3 December 1967 to 27 November 1968.  While in Vietnam, he was assigned to Company C, 2nd Battalion, 506th Infantry Regiment.

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

* Item 40 (Wounds) – multiple fragment wounds (minor) of head, no eye damage, 22 July 1968
* Item 41 (Awards and Decorations) – does not show award of the Purple Heart

11.  A Standard Form 89 (Report of Medical History), dated 29 November 1968, shows the applicant received shrapnel wounds to the left side of his forehead and he was admitted to the 12th Evacuation Hospital.

12.  On 29 November 1968, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  His DD Form 214 shows award of the:

* Vietnam Service Medal
* National Defense Service Medal
* Combat Infantryman Badge
* Vietnam Campaign Medal
* Parachutist Badge
* Army Commendation Medal
* Bronze Star Medal

13.  The applicant provides a copy of GO Number 172, dated 7 January 1969, which shows he was awarded the Purple Heart for wounds received in action on 22 July 1968.  This order shows his service number as xxxxx206 and incorrectly shows his SSN as xxx-xx-x1xx instead of xxx-xx-x0xx.

14.  A review of the available records indicates the applicant is entitled to additional awards not shown on his DD Form 214.

15.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  A silver service star is authorized in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following five campaigns:
   
*	Vietnam Counteroffensive Phase III (1 June 1967 – 29 January 1968)
*	Tet Counteroffensive (30 January 1968 – 1 April 1968)
*	Vietnam Counteroffensive Phase IV (2 April 1969 – 30 June 1968)
*	Vietnam Counteroffensive Phase V (1 July 1968 – 1 November 1968)
*	Vietnam Counteroffensive Phase VI (2 November 1968 – 22 February 1969)



16.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows 2nd Battalion, 506th Infantry Regiment was cited for award of the:

* Presidential Unit Citation for the period 13 June through 23 September 1968 by DAGO Number 38, dated 1971
* Meritorious Unit Commendation for the period 14 March 1968 through 3 October 1968 by DAGO Number 22, dated 1976
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 31 January through 3 February 1968 by DAGO Number 24, dated 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 July 1968 through 14 May 1969 by DAGO Number 43, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 3 October 1968 through 2 May 1970 by DAGO Number 48, dated 1971

17.  DA Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) states not more than one Republic of Vietnam 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.  

18.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  The regulation in effect at the time provided that the total active duty service outside the continental limits of the United States for the period covered by the DD Form 214 would be entered in item 22c.  Later versions of this regulation required that the inclusive dates of service in Vietnam performed on or after 5 August 1964 would be listed in Block 30 (Remarks), as follows:  "Vietnam Service:  From Date to Date."

DISCUSSION AND CONCLUSIONS:

1.  GO Number 172, dated 7 January 1969, awarded the applicant the Purple Heart for wounds received in action on 22 July 1968.  However, these orders incorrectly show the applicant's SSN as xxx-xx-x1xx instead of xxx-xx-x0xx; therefore, he is entitled to correction of his DD Form 214 to show award of the Purple Heart and correction of the GO to show his correct SSN.

2.  He served in Vietnam during five campaigns.  Therefore, he is entitled to correction of his DD Form 214 to show one silver service star for wear on his previously-awarded Vietnam Service Medal.

3.  He was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), Sharpshooter Marksmanship Qualification Badge with Mortar Bar (81 millimeter), Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar   (M-16).  Therefore, he is entitled to correction of his DD Form 214 to show these badges.

4.  GO awarded his unit in Vietnam the Presidential Unit Citation, Meritorious Unit Commendation, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

5.  Later versions of the governing regulation required that the inclusive dates of service in Vietnam performed on or after 5 August 1964 be listed in Block 30 of the DD Form 214.  Therefore, it would cause no harm to correct his DD Form 214 to show his inclusive dates of service in Vietnam. 

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: 

* adding to his DD Form 214 award of the:

* Purple Heart
* Presidential Unit Citation
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* 1 silver service star to be affixed to his previously-awarded Vietnam Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Mortar Bar (81 millimeter) and Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber) 

* adding the entry " Vietnam Service:  From 3 December 1967 to 2 December 1968 in Block 30
* amending GO Number 172, dated 7 January 1969, to show his SSN as shown on his DD Form 214




      _______ _  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)                                         AR20130014028



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ABCMR Record of Proceedings (cont)                                         AR20130014028



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