BOARD DATE:	  15 May 2014

		DOCKET NUMBER:  AR20130016896 


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 issuance of a DD Form 215 (Correction to DD Form 214) showing award of the Purple Heart.  He also requests issuance of the Purple Heart.

2.  He states he has orders awarding him the Purple Heart for injuries he incurred on 13 December 1967 and a Purple Heart Certificate. 

3.  He provides:

* letter from the Office of The Adjutant General, dated 1 May 1969
* orders
* Purple Heart Certificate
* letter from the Veterans Administration (VA), dated 23 October 1968
* correspondence related to obtaining copies of his records from the VA
* excerpts from his service and VA medical records
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)

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's complete military records are not available for review.  This case is being considered using the documents he provides.

3.  On 2 March 1966, he was inducted into the Army of the United States.  He completed initial entry training, and he was awarded military occupational specialty 64B (Heavy Truck Driver).  

4.  On 16 February 1968, he was honorably released from active duty by reason of the release from active duty of an overseas returnee.  His DD Form 214 shows in:

* Item 12 (Last Duty Assignment and Major Command) – 104th Engineer Company, Army Post Office San Francisco 96491, U.S. Army Vietnam
* item 22c (Foreign and/or Sea Service) – 10 months and 22 days
* item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – 

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal

5.  On 11 June 1968, Headquarters, 79th Engineer Group issued General Orders Number 21 awarding him the Purple Heart for a wound he incurred on 13 December 1967.  These orders show he was assigned to the 104th Engineer Company at the time.

6.  A review of Vietnam casualty listing compiled by the Casualty Division, Office of the Adjutant General, confirms he was wounded as a result of hostile action on 13 December 1967.

7.  A review of the available evidence indicates he is entitled to awards that are not listed on his DD Form 214.



8.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  The Vietnam campaigns are listed in appendix B.  During his service in Vietnam, he participated in three campaigns – 

* Vietnam Counteroffensive Phase (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)

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 the 104th Engineer Company was cited for award of the:  

* Valorous Unit Award for the period 18 November 1967 to 23 February 1968, by Department of the Army General Order (DAGO) Number 39, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January 1966 to August 1968, by DAGO 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 3 August 1967 to 9 February 1970, by DAGO 43, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  The applicant has provided general orders showing he was awarded the Purple Heart for a wound he incurred on 13 December 1967.  The Vietnam casualty roster confirms he was wounded as a result of hostile action on that date.  It appears that the award was not listed on his DD Form 214 because the general orders were issued after he had been released from active duty.  It would be appropriate to add the Purple Heart to his DD Form 214 and issue the award to him.

2.  The available evidence indicates he served in Vietnam from late March 1967 through mid-February 1968.  During this period, he participated in three campaigns, which entitles him to three bronze service stars for wear on his already-awarded Vietnam Service Medal.  His DD Form 214 should be corrected to show these bronze service stars.  

3.  The available evidence shows he served in the 104th Engineer Company during a period for which the unit was cited for award of the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  He is entitled to correction of his DD Form 214 to show these unit awards.
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:

	a.  issuing a DD Form 215 correcting item 24 of his DD Form 214 as follows:

		(1)  delete the Vietnam Service Medal; and

		(2)  add the –

* Purple Heart
* Vietnam Service Medal with three bronze service stars
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

	b.  issuing the above awards to him.



      _______ _  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)                                         AR20130016896



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ABCMR Record of Proceedings (cont)                                         AR20130016896



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