IN THE CASE OF:
BOARD DATE: 17 June 2014
DOCKET NUMBER: AR20130018367
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 two awards of the Purple Heart.
2. He states he earned two awards of the Purple Heart ten days apart, but his DD Form 214 only shows one award. The original orders had the second award of the Purple Heart on the rear of the orders.
3. He provides his DD Form 214 and discharge orders from the USARdated 19 April 1972.
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 18 May 1966. He served in Vietnam from 5 February 1967 to 18 February 1968 while assigned to the following units:
* Troop D, 3rd Squadron, 5th Cavalry, 9th Infantry Division from 7 to 18 February 1967
* Company A, 4th Battalion, 47th Infantry Regiment, 9th Infantry Division from 18 February to 11 September 1967
* Company D, 87th Infantry Regiment from 12 September 1967 to 16 February 1968
3. His service record contains General Orders Number 3896 issued by Headquarters, 9th Infantry Division, dated 6 August 1967, that awarded the applicant the Purple Heart for wounds received in action on 11 July 1967 and the Purple Heart (First Oak Leaf Cluster (2nd Award)) for wounds received in action on 21 July 1967.
4. He was released honorably released from active duty on 19 February 1968. His DD Form 214 shows he was awarded the:
* National Defense Service Medal
* Vietnam Service Medal
* Army Good Conduct Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Purple Heart
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle and MachineGun Bars
5. 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:
a. 3rd Squadron, 5th Cavalry, was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 15 February 1968 by Department of the Army General Orders (DAGO) Number 43, dated 1970;
b. 4th Battalion, 47th Infantry was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966 through 30 June 1968 by DAGO Number 31, dated 1969 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 through 28 June 1969 by DAGO Number 59, dated 1969; and
c. Company D, 87th Infantry Regiment was cited for award of the Meritorious Unit Commendation for the period 1 January through 31 December 1967 by DAGO Number 54, dated 1968.
6. 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 during his service in Vietnam, the applicant participated in the following three campaigns:
* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
DISCUSSION AND CONCLUSIONS:
1. General orders show the applicant was awarded two awards of the Purple Heart for wounds he received in action on 11 and 21 July 1967. Therefore, his DD Form 214 should be corrected to reflect two awards of the Purple Heart.
2. His units in Vietnam were cited for one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and one award of the Meritorious Unit Commendation during his period of assignment. Therefore, his DD Form 214 should be corrected to show these unit awards.
3. He participated in three campaigns during his service in Vietnam. Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.
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. deleting from his DD Form 214 the Purple Heart and the Vietnam Service Medal and
b. adding to his DD Form 214 the:
* Purple Heart (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award)
* Meritorious Unit Commendation
* Vietnam Service Medal with three bronze service stars
____________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) AR20130018367
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130018367
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130021956
His DD Form 214 shows he completed 2 years of active duty service. The evidence of record shows he received all "excellent" conduct and efficiency ratings throughout his active duty service and his records are void of derogatory information or a commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....
ARMY | BCMR | CY2005 | 20050004046C070206
The applicant's military service record contains General Orders Number 147, dated 8 March 1967, which awarded the applicant the Purple Heart for wounds received in connection with military operations against a hostile force, date of action is 27 February 1967. The applicant's DD Form 214 shows award of the Vietnam Service Medal as an authorized award. Based on the applicant's personnel records and the Republic of Vietnam Casualty Listing, it is concluded that there is sufficient evidence...
ARMY | BCMR | CY2012 | 20120006726
The DD Form 214 he was issued at the time shows the: * Combat Infantryman Badge * Republic of Vietnam Campaign Medal with Device (1960) * Army Commendation Medal * National Defense Service Medal * Vietnam Service Medal 7. With respect to the "V" Device, the evidence of record shows he was awarded the Army Commendation Medal for service, not for heroism. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from...
ARMY | BCMR | CY2008 | 20080017192
Army Regulation 672-5-1 (Military Awards), in effect during the Vietnam era, provided that the Army Good Conduct Medal was awarded to individuals who have completed a qualified period of active duty enlisted service. The applicant requests his DD Form 214 be corrected to show the Good Conduct Medal, the Combat Infantryman Badge, the appropriate number of service stars for wear on his Vietnam Service Medal, two Overseas Service Bars, the Presidential Unit Citation, the Meritorious Unit...
ARMY | BCMR | CY2006 | 20060000175C070205
AR 672-5-1, in effect at the time of the applicant's separation provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This regulation states that a Soldier may wear the unit award permanently if the individual was assigned to, and present for duty with the unit any time during the period cited; or was attached by competent orders to, and present for duty...
ARMY | BCMR | CY2012 | 20120021957
The applicant's Army Military Human Resource Record (AMHRR) contains Headquarters, 9th Infantry Division General Orders Number 704, dated 6 February 1968, awarding him the Purple Heart for wounds received in connection with military operations against a hostile force on 13 January 1968. The available records show at the time he was wounded in action he had an infantry MOS and he was assigned to the 39th Infantry. As a result, the Board recommends that all Department of the Army records of...
ARMY | BCMR | CY2013 | 20130005775
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his complete social security number (SSN) and award of the Purple Heart. His DA Form 20 shows he was awarded the Vietnam Service Medal and the records show he participated in two campaigns during his service in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army...
ARMY | BCMR | CY2009 | 20090018769
The applicant served in Vietnam from 12 January 1968 to 11 March 1969. Based on the applicant's service in Vietnam, he is entitled to the Valorous Unit Award with Oak Leaf Cluster, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one silver and one bronze service star to be affixed to his already authorized Vietnam Service Medal. As a result, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2009 | 20090020046
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show three awards of the Purple Heart and one award of the Army Commendation Medal. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that, at the time of the applicants assignment to the 2nd Battalion, 4th Artillery, 9th Infantry Division, this unit was cited for the following four awards: * Valorous Unit Award for...
ARMY | BCMR | CY2004 | 2004101793C070208
There are no orders in the applicant's service personnel records to show that he was awarded the Purple Heart. DA Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, which lists unit awards received by units serving in Vietnam, shows that the unit the applicant was assigned to, Company A, 15th Engineer Battalion, 9th Infantry Division, was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 1 July through 13...