BOARD DATE:	  3 June 2014

		DOCKET NUMBER:  AR20130017869 


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 as a result of typographical errors the Purple Heart is not listed on his DD Form 214.   

3.  The applicant provides his DD Form 214 and a Purple Heart certificate.

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 (AUS) on 	  18 February 1969.  He served in Vietnam from 20 July 1969 to 15 July 1970.
3.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 1 (Name and Service Number) the entry ---p, R----- D, US XX XXX -53, and his social security number as XXX-XX-XX55;

	b.  item 38 (Record of Assignments) he was assigned to 2d Battalion, 1st Infantry Regiment, 196th Infantry Brigade from 3 August 1969 to 14 July 1970; and

	c.  item 38 he received "excellent" conduct and efficiency ratings or "unknown" conduct and efficiency ratings during his assignments.

4.  He submitted a certificate which shows the Purple Heart was awarded to a service member whose name and social security number is R----- O ---t, XXX-XX-XXX5.  The applicant indicated these entries should be R----- D ---p, XXX-XX-XXX3.

5.  His record contains General Orders Number 8824, issued Headquarters, Americal Division, dated 29 August 1969, which show the Purple Heart was issued to ---t, R----- O, XXX-XX-XXX3 for wounds received in action on 
21 August 1969.

6.  On 17 February 1971, he was honorably released from active duty after serving for 2 years.  His DD Form 214 shows he was awarded or authorized the National Defense Service Medal, Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), Vietnam Service Medal, Combat Infantryman Badge, Republic of Vietnam Campaign Badge, and two Overseas Service Bars.

7.  A review of the Adjutant General's Office Casualty Division's Vietnam casualty listing does show ---t, R----- O, XXX-XX-XXX3 as a casualty on 21 August 1969.

8.  There is no evidence of any derogatory information that would have disqualified him from award of the Army Good Conduct Medal.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.
	b.  A bronze service star is authorized to be worn with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B shows during his service in Vietnam participation credit was awarded for the following campaigns:

* Vietnam Summer-Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive, Phase VII (1 July 1970 - 30 June 1971)

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 2d Battalion, 1st Infantry Regiment, 196th Infantry Brigade, was cited for award of the:

	a.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for action during the period 24 August to 31 December 1969 in Department of the Army General Orders (DAGO) Number 42, dated 1972; and

	b.  Valorous Unit Award during the period 11 - 31 August 1969 in DAGO Number 43, dated 1970.

11.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  

DISCUSSION AND CONCLUSIONS:

1.  The order and certificate awarding the applicant the Purple Heart contains typographical errors.  Apparently, typographical errors contributed to numerous mix-ups in his name, his service number, and social security number.  In addition, his official records contain general orders containing the same errors that show the applicant was awarded a Purple Heart for wounds received on 
21 August 1969.  In view of this compelling evidence, he is entitled to have his DD Form 214 corrected to show this award.

2.  The available evidence confirms the applicant served in the AUS from 
18 February 1969 to 17 February 1971.  His records show he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any derogatory information that would have disqualified him from award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the 18 February 1969 to 17 February 1971 and correct his DD Form 214 to show this medal.

3.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Valorous Unit Award.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  Records show the applicant participated in four campaigns while serving in Vietnam.  Therefore, he is authorized to wear four bronze service stars on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

BOARD VOTE:
___X_____  __X______  __X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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.  deleting the Vietnam Service Medal from his DD Form 214;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 
18 February 1969 to 17 February 1971;

   c.  adding the Purple Heart, Army Good Conduct Medal (1st Award), Vietnam Service Medal with four bronze service stars, Valorous Unit Award, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214; and 





	d.  correcting his General Orders Number 8824 and his Purple Heart certificate to show his name and social security number as listed on his DD Form 214.



      _________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)                                         AR20130017869





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130017869



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1