IN THE CASE OF:	  

		BOARD DATE:	  29 May 2014

		DOCKET NUMBER:  AR20130017368 


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, in effect:

* he was wounded in April or May 1971, while in Vietnam when an enemy mortar round landed and exploded near his position
* a general officer gave him the Purple Heart while he was in the hospital at an Air Force Base in Vietnam
* the award was never added to his DD Form 214
* he was hospitalized in Vietnam, Okinawa, Walter Reed Army Medical Center, and Fort Gordon, GA

3.  The applicant provides:

* DD Form 214
* Disabled American Veterans Card
* Department of Veterans Affairs Patient Data Card

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 2 October 1969.

3.  He served in Vietnam from 6 January on or about 6 May 1971.  While in Vietnam, he was assigned to:

* Battery B, 3rd Battalion, 319th Artillery, 173rd Airborne Brigade during the period 23 January to 20 March 1971
* Battery D, 3rd Battalion, 319th Artillery, 173rd Airborne Brigade during the period 21 March to 6 May 1971

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

* Item 40 (Wounds) – multiple fragment wounds to face, chest, back, and leg, 25 April 1971
* Item 41 (Awards and Decorations):

*	National Defense Service Medal
*	Parachutist Badge
*	Vietnam Service Medal
*	Republic of Vietnam Campaign Medal with Device (1960)
*	one Overseas Service Bar
*	Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

* Item 38 (Record of Assignment) – he was placed in a patient status on 6 May 1971

5.  General Orders (GO) Number 971, issued by Headquarters, 173rd Airborne Brigade, dated 27 April 1971, show he was awarded the Purple Heart for wounds received in connection with military operations against a hostile force in the Republic of Vietnam on 25 April 1971.



6.  On 26 November 1971, the applicant was honorably released from active duty.  His DD Form 214 shows award of the:

* National Defense Service Medal
* Parachutist Badge
* Vietnam Service Medal
* Vietnam Campaign Medal with Device (1960)

7.  The available records indicate the applicant is entitled to additional awards not shown on his DD Form 214.

8.  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.  Appendix B shows that his service in Vietnam coincided with the Vietnam Counteroffensive Phase VII campaign (1 July 1970 – 30 June 1971).

9.  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 3rd Battalion, 319th Artillery was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 15 April 1969 through 16 March 1971 by Department of the Army General Order (DAGO) Number 5, dated 1973.

10.  DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  GO Number 971, dated 27 April 1971, awarded the applicant the Purple Heart for wounds received in action on 25 April 1971.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  He served in Vietnam during one campaign.  Therefore, he is entitled to correction of his DD Form 214 to show one bronze service star to be affixed to his previously-awarded Vietnam Service Medal.

3.  He was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16); therefore, he is entitled to correction of his DD Form 214 to show this badge.
4.  GO awarded his unit in Vietnam the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, 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 adding the following awards to his DD Form 214:

* Purple Heart
* one bronze service star to his previously-awarded Vietnam Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* 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)                                         AR20130017368



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ABCMR Record of Proceedings (cont)                                         AR20130017368



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