BOARD DATE:	  14 August 2014

		DOCKET NUMBER:  AR20130021138 


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 add the Bronze Star Medal, Bronze Star Medal with "V" Device, and the Purple Heart.

2.  The applicant states he was recently informed he could have these awards added to his DD Form 214.  He received/was awarded the Bronze Star with "V" Device and the Purple Heart.  

3.  The applicant provides:

* General Orders (GO) Number 1464, dated 10 June 1969
* GO Number 1776, dated 13 July 1969
* DD Form 214

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 appointed as a reserve commissioned officer on an unknown date and entered active duty on 14 January 1968.

3.  Special Orders (SO) Number 58, issued by Headquarters, The Student Brigade, U.S. Army Infantry School, Fort Benning, GA, on 8 March 1968 awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

4.  His record does not contain a DA Form 66 (Officer Qualification Record); however; it does contain a series of DA Forms 2876 (Report of Change for DA Form 20 (Enlisted Qualification Record) or DA Form 66, ranging in date from 
12 November 1969 to 13 January 1971.  These forms show he was assigned to Vietnam from 29 December 1968 to 19 May 1969 and served with/in a:

* The 106th General Hospital, Japan in a patient status from 14 May 1969 to 19 May 1969
* Casual status from 20 May 1969 to 21 May 1969 
* The U.S. Army Medical Detachment, Naval Hospital, Great Lakes, IL in a patient status from 22 May 1969 to 31 July 1969
* Casual Status from 1 August 1969 to 17 August 1969
* Fort Bragg, NC from 18 August 1969 to 12 January 1971

5.  His record contains a U.S. Army Vietnam (USARV) Form 130-R (USARV Casualty Report Format), dated 9 May 1969, which shows he:

* was wounded by a hostile grenade during a search and clear mission on 
9 May 1969
* received fragment wounds to the chest, right arm, and right knee
* he was treated at the 1st Battalion, 50th Infantry Aid Station

6.  His record contains an undated DA Form 137 (Installation Clearance Record) showing he was assigned to Company B, 1st Battalion, 50th Infantry, 173rd Brigade and was departing his unit because he was being medically evacuated.

7.  GO Number 1464, issued by Headquarters, 173rd Airborne Brigade, Vietnam, on 10 June 1969 awarded him the Bronze Star Medal for service for the period January 1969 to May 1969.

8.  GO Number 1776, issued by Headquarters, 173rd Airborne Brigade, Vietnam, on 13 July 1969 awarded him the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile enemy on 9 May 1969.

9.  He was honorably released from active duty on 13 January 1971.  His 
DD Form 214 shows he completed 3 years of net active service of which 5 months was credited as foreign service in Vietnam.  Additionally, he was awarded or authorized the:

* National Defense Service Medal
* Ranger Tab
* Parachutist Badge
* Vietnam Service Medal
* Combat Infantryman Badge

10.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against and 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.

11.  Army Regulation 600-8-22 states one bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign for which a member is credited with participating.  Appendix B shows that during his service in Vietnam, the applicant participated in the following two campaigns:

* Vietnam Counteroffensive, Phase VI (2 November 1968 - 22 February 1969)
* TET 69 Counteroffensive (23 February 1969 - 8 June 1969)

12.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Also eligible for this award are individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than six months of service but were wounded as a result of hostile action, were captured by hostile forces but later escaped or were rescued or released, and/or were killed in action or otherwise in line of duty.

13.  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 1st Battalion, 50th Infantry was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the periods:

* 5 April 1968 to 6 October 1969, by DAGO Number 51, dated 1971
* 1 August 1965 to 16 April 1971, by DAGO Number 54, dated 1974

14.  Department of the Army Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although 
multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, where a single unit received duplicate Vietnamese awards during the same period of time only one award will be recorded in official military and historical records.

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Bronze Star Medal and the Bronze Star Medal with "V" Device.  Therefore, he is entitled to correction of his DD Form 214 to add these awards.

2.  The evidence of record shows he was wounded in action by a hostile enemy force while serving in Vietnam on 9 May 1969 and he received medical treatment for his wounds.  Therefore, he meets the criteria for award of the Purple Heart.  He states he received the award; therefore, he is entitled to correction of his DD Form 214 to add this award.

3.  He served in Vietnam for less than 6 months because he was wounded as a result of hostile action and had to be medically evacuated.  Based on his service, he is entitled to the Republic of Vietnam Campaign Medal with Device (1960) and correction of his DD Form 214 to add this award.

4.  The evidence of record shows he participated in two campaigns while serving in Vietnam; therefore, he is entitled to correction of his DD Form 214 to show two bronze service stars affixed to his previously-awarded Vietnam Service Medal.

5.  GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) during his period of assignment, but one period was overlapping.  Therefore, he is entitled to correction of his DD Form 214 to add one award.

6.  SO awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16); therefore, he is entitled to correction of his DD Form 214 to add this badge.

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 Vietnam Service Medal; and 

	b.  adding to his DD Form 214 the:

* Bronze Star Medal (2nd Award) and with "V" Device
* Purple Heart
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)



      _______ _  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)                                         AR20130021138





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ABCMR Record of Proceedings (cont)                                         AR20130021138



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