IN THE CASE OF:	   

		BOARD DATE:	  8 May 2014

		DOCKET NUMBER:  AR20130014941 


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) for the period ending 19 November 1969 to show award of the Purple Heart and Army Commendation Medal and issuance of both medals.

2.  The applicant states he requested a replacement set of medals from the National Archives [National Personnel Records Center (NPRC)] in St. Louis, MO, but the Center refused to send either award to him and stated no orders were on file for the requested medals.  He has orders for both awards.

3.  The applicant provides a letter from NPRC, dated 12 July 2013, and general orders (GO) issued by Headquarters, 4th Infantry Division.

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 U.S. Army Reserve (USAR) on 28 May 1964. 

3.  On 21 July 1964, he was ordered to active duty for training.

4.  On 16 January 1965, he was released from active duty and transferred to the USAR.  

5.  On 22 June 1968, he was involuntarily ordered to active duty.

6.  He served in Vietnam from 21 January 1969 to 15 November 1969.  While in Vietnam, he was assigned to Troop A, 1st Squadron, 10th Cavalry, 4th Infantry Division.

7.  On 19 November 1969, the applicant was honorably released from active duty and transferred to the USAR Control Group (Standby).  His DD Form 214 for this period of service shows award of the:

* National Defense Service Medal
* Marksmanship Qualification Badge with Rifle Bar (M-14)
* Vietnam Service Medal
* 1 Overseas Service Bar

8.  The Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Awards and Decorations Branch of the United States Army Human Resources Command, contains the following GO pertaining to the applicant issued by Headquarters, 4th Infantry Division:

* GO Number 1743, dated 17 May 1969, awarding him the Purple Heart
* GO Number 6871, dated 11 November 1969, awarding him the Army Commendation Medal

9.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, and similar devices awarded in recognition of accomplishments.

   a.  Paragraph 2-13 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 his service in Vietnam, the applicant participated in the following four campaigns:
   
*	Vietnam Counteroffensive Phase VI (2 November 1968 – 22 February 1969)
*	Tet 69 Counteroffensive (23 February 1969 – 8 June 1969)
*	Vietnam Summer-Fall 1969 (9 June 1969 – 31 October 1969)
*	Vietnam Winter-Spring 1970 (1 November 1969 – 30 April 1970)

	b.  The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

10.  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 the 1st Squadron, 10th Cavalry was cited for award of the:

* Valorous Unit Award for the period 8 through 29 May 1969 by Department of the Army General Order (DAGO) Number 43, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the periods 29 July 1969 through 14 November 1970 by DAGO Number 52, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Purple Heart and Army Commendation Medal; therefore, he is entitled to correction of his DD Form 214 for the period ending 19 November 1969 to show these awards.

2.  The applicant served a qualifying period of service for award of the Republic of Vietnam Campaign Medal with Device (1960); therefore, he is entitled to correction of his DD Form 214 for the period ending 19 November 1969 to show this award.

3.  The unit to which the applicant was assigned in Vietnam was awarded the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his DD Form 214 for the period ending 19 November 1969 to show these unit awards.

4.  The applicant's participation in four campaigns during his service in Vietnam entitles him to four bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 for the period ending 19 November 1969 should be corrected to show these bronze service stars.

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: 

* removing the Vietnam Service Medal from his DD Form 214 for the period ending 19 November 1969
* adding the following to his DD Form 214 for the period ending 19 November 1969:

*	Purple Heart
*	Army Commendation Medal
*	Republic of Vietnam Campaign Medal with Device (1960)
*	Valorous Unit Award
*	Republic of Vietnam Gallantry Cross with Palm Unit Citation
*	Vietnam Service Medal with 4 bronze service stars

* issuing him the above 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)                                         AR20130014941



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ABCMR Record of Proceedings (cont)                                         AR20130014941



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