IN THE CASE OF:	  

		BOARD DATE:	  29 May 2014

		DOCKET NUMBER:  AR20130017020 


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 was wounded by heavy enemy fire as noted on his Bronze Star Medal with "V" Device (1st oak leaf cluster) orders.

3.  The applicant provides General Orders Number 3844.

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 Regular Army on 27 March 1967, and he served in the Republic of Vietnam from 1 December 1967 to 26 November 1968.
3.  His record contains:

	a.  Headquarters, U.S. Army Training Center, Infantry, Fort Benning, GA, Special Orders Number 110, dated 9 May 1967, awarding him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14);

	b.  Headquarters, 3d Training Brigade (Infantry), U.S. Army Training Center, Fort Gordon, GA, Special Orders Number 104, dated 12 July 1967, awarding him the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60); and

	c.  Headquarters, 82d Airborne Division, Fort Bragg, NC, Special Orders Number 280, dated 31 October 1969, awarding him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

4.  The applicant provides and his records contain Headquarters, 101st Airborne Division, General Orders Number 3844, dated 26 April 1969, awarding him the Bronze Star Medal with "V" Device (1st oak leaf cluster).  The award citation reads in part:

	"For heroism in ground combat against a hostile force in the Republic of Vietnam on 8 July 1968.  The applicant distinguished himself while serving as a team leader in Company B, 3d Battalion, 187th Infantry, on a reconnaissance in force mission near Cu Chi, Republic of Vietnam…  He took command and inspired the uninjured men to repel the hostile force.  Although wounded by the heavy enemy fire, he continued his mission.  

5.  On 26 March 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Bronze Star with "V" Device (1st oak leaf cluster)
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* Parachutist Badge
* Army Commendation Medal
* Air Medal (1st oak leaf cluster)

6.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

7.  Army Regulation 600-8-22 provides that the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star is authorized with this award 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, participation credit was awarded for the following five campaigns:

* Vietnam Counteroffensive, Phase III
* TET Counteroffensive
* Vietnam Counteroffensive, Phase IV
* Vietnam Counteroffensive, Phase V
* Vietnam Counteroffensive, Phase VI

8.  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, 187th Infantry Regiment, was cited for award of the:

   a.  Presidential Unit Citation for the period 13 June through 23 September 1968 by Department of the Army General Order (DAGO) Number 38, dated 1971; 
   b.  Valorous Unit Award for the period 16 through 22 March 1968 by DAGO Number 22, dated 1976; 
   
   c.  Meritorious Unit Commendation for the period 14 March through 3 October 1968 by DAGO Number 22, dated 1976; and
   
   d.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 July 1968 to 14 May 1969 by DAGO 43, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  While there are no orders in the applicant’s available records awarding him the Purple Heart, the reason cited on his orders awarding him the Bronze Star Medal with "V" Device (1st oak leaf cluster) verify his contact with hostile forces on 8 July 1968.  These orders state: "He took command and inspired the uninjured men to repel the hostile force.  Although wounded by the heavy enemy fire, he continued his mission."

2.  It would be appropriate to accept the order as proof of his wounding on 8 July 1968 and award him the Purple Heart.  Therefore, he is entitled to correction of his records to show award of the Purple Heart.

3.  Special orders awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) and Rifle Bar (M-16).  Therefore, he is entitled to correction of his DD Form 214 to show these badges. 

4.  He served a qualifying period of service for entitlement to the Vietnam Service Medal.  He also participated in five campaigns during his service in Vietnam.  Therefore, he is authorized the Vietnam Service Medal with one silver service star and correction of his DD Form 214 to show this award. 

5.  Department of the Army Pamphlet 672-3 shows his unit was cited for award of the Presidential Unit Citation, Valorous Unit Award, Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show these awards and citations.

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 the following awards to his DD Form 214:

* Purple Heart
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Machine Gun Bar      (M-60) and Rifle Bar (M-16)
* Vietnam Service Medal with one silver star
* Presidential Unit Citation
* Valorous Unit Award
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 



      _______ _   _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)                                         AR20130017020





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ABCMR Record of Proceedings (cont)                                         AR20130017020



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