IN THE CASE OF:	  

		BOARD DATE:	  17 April 2014

		DOCKET NUMBER:  AR20130015101 


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, in effect, correction of item 25 (Education and Training Completed) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he completed the Airborne Course.  He also requests correction of item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 to show the following awards:

* Purple Heart (Fourth Award)
* Bronze Star Medal with "V" Device
* Combat Medical Badge

2.  The applicant states the requested information is in his records but not on his DD Form 214.

3.  The applicant provides:

* DD Form 214
* General Orders Number 8541, dated 5 July 1970
* Airborne Course Diploma
* General Orders Number 8793, dated 8 July 1970
* Two pages of his DA Form 20 (Enlisted Qualification Record)


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 was inducted into the Army of the United States on 5 November 1968.  He enlisted in the Regular Army on 12 November 1968.  He completed training as a medical specialist.  

3.  On 8 May 1969, the applicant completed the 3-week Airborne Course at the United States Army Infantry School, Fort Benning, Georgia.

4.  He arrived in Vietnam on 14 October 1969 and he was assigned to Headquarters and Headquarters Company, 4th Battalion, 31st Infantry Regiment, 196th Infantry Brigade.

5.  The applicant participated in the following four campaigns:

* Vietnam Summer-Fall 1969 Campaign, which extended from 9 June through 31 October 1969
* Vietnam Winter-Spring 1970 Campaign, which extended from 1 November 1969 through 30 April 1970
* Sanctuary Counteroffensive Campaign, which extended from 1 May through 30 June 1970
* Vietnam Counteroffensive, Phase VII Campaign, which extended from 1 July 1970 through 30 June 1971

6.  On 16 December 1969, Special Orders Number 350 were published awarding the applicant the Combat Medical Badge (First Award).

7.  On 5 July 1970, General Orders Number 8541 were published awarding the applicant the Bronze Star Medal with "V" Device for heroism in connection with ground operations against a hostile force in the Republic of Vietnam on 14 May 1970.
8.  General Orders Number 8793 were published on 8 July 1970 awarding him the Purple Heart (Third Oak Leaf Cluster) for wounds received in connection with military operations against a hostile force on 17 May 1970.

9.  The applicant departed Vietnam on 31 August 1970 and he was honorably released from active duty that date.  He completed 1 year, 9 months, and 20 days of net active service this period.  His DD Form 214 shows the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Army Commendation Medal
* Bronze Star Medal
* Purple Heart
* Expert Marksmanship Qualification Badge (Rifle M-14)
* Expert Marksmanship Qualification Badge (Rifle M-16)

10.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It states:

	a.  In item 25 – Enter from section 41 (Awards and Decorations), DA Form 20 all decorations, service medals, campaign credits, and badges awarded or authorized, omitting authorities cited therein.

	b.  In item 26 – Enter service schools, including major courses which were successfully completed, and military sponsored courses completed in civilian schools and colleges during period covered by the DD Form 214 being prepared. Enter installation training courses (qualification courses), military correspondence courses, and off-duty courses the enlisted person has completed successfully during the period covered by the DD Form 214 being prepared.

11.  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.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This pamphlet shows the unit to which the applicant was assigned was 

cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 24 August 1969 to 31 December 1969 and 31 March 1970 to 30 June 1970 by Department of the Army General Order Number 6, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  He provides orders showing he was awarded the Bronze Star Medal with "V" Device and the Purple Heart (Fourth Award).  His records contain orders awarding him the Combat Medical Badge.  These awards should be added on his DD Form 214.

3.  He is also authorized the following awards that should be add on his DD Form 214:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Four bronze service stars to be affixed to his already-awarded Vietnam Service Medal

4.  The applicant provides a certificate showing he completed the United States Army Infantry School Airborne Course on 8 May 1969.  This course should also be shown on his DD Form 214.

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 amending his DD Form 214 as follows:

	a.  Item 24 – delete Vietnam Service Medal, Bronze Star Medal, and Purple Heart.

	b.  Item 24 – add Vietnam Service Medal with four bronze service stars, Bronze Star Medal with "V" Device, Purple Heart (Fourth Award), Combat Medical Badge, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.

	c.  Item 25 – add Airborne Course, Fort Benning GA 3 Weeks. 




      _______ _   ___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)                                         AR20130015101



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ABCMR Record of Proceedings (cont)                                         AR20130015101



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