IN THE CASE OF:
BOARD DATE: 14 August 2014
DOCKET NUMBER: AR20130020953
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 the Purple Heart.
2. The applicant states his DD Form 214 inadvertently omitted the Purple Heart.
3. The applicant provides his DD Form 214 and General Orders (GO) Number 2143, dated 12 May 1967.
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 records show he was inducted into the Army of the United States on 4 November 1965 and he held military occupational specialty 13F (Automatic Weapons Crewman).
3. He served in Vietnam from on or about 20 October 1966 to 15 October 1967. He was assigned to Battery G, 65th Artillery.
4. GO Number 2143, issued by Headquarters, U.S. Army Vietnam, on 12 May 1967 awarded him the Purple Heart for wounds received in action on 21 April 1967.
5. GO Number 41, issued by Headquarters, 1st Battalion, 44th Artillery, on 11 October 1967 awarded him the Army Good Conduct Medal (1st Award).
6. The applicant was honorably released from active duty on 15 October 1967. His DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* VSN (presumably Vietnam Service Medal)
* PVCM (presumably Republic Vietnam Campaign Medal with Device (1960))
7. Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal. It states a bronze service star is authorized with this award 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 Vietnam Counteroffensive Phase (1 July 1966 - 31 May 1967) and the Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968) campaigns.
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 Battery G, 65th Artillery was cited for award of the Valorous Unit Award, for valor from 15 to 31 October 1967, by Department of the Army General Orders (DAGO) Number 39, dated 1970.
9. 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 Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.
DISCUSSION AND CONCLUSIONS:
1. GO awarded the applicant the Purple Heart and the Army Good Conduct Medal (1st Award), neither of which is shown on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show both awards.
2. He was awarded the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960). These awards are improperly spelled on his DD Form 214. He is entitled to correction of his DD Form 214 to show the correct spelling of these awards.
3. He was awarded the Vietnam Service Medal. Additionally, he participated in two campaigns during his service in Vietnam. Therefore, he is entitled to two 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.
4. His unit in Vietnam was cited for award of the Valorous Unit Award and Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, his
DD Form 214 should be corrected 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 deleting the entries "VSN" and "PVCM" and adding the:
* Purple Heart
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Good Conduct Medal (1st Award)
* Valorous Unit Award
* 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) AR20130020953
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ABCMR Record of Proceedings (cont) AR20130020953
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