IN THE CASE OF: 

		BOARD DATE:	  31 July 2014

		DOCKET NUMBER:  AR20130022113 


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 that his awards of the Purple Heart and Army Commendation Medal (ARCOM) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states that he was awarded the Purple Heart and ARCOM; however, they are not reflected on his DD Form 214.

3.  The applicant provides a copy of his 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 enlisted in the Regular Army on 15 June 1967 for a period of    2 years under the Officer Candidate School (OCS) enlistment option.  He completed his basic and advanced individual training as a light weapons infantryman at Fort Dix, New Jersey and was transferred to Fort Benning, Georgia to attend OCS.

3.  On 13 May 1968 he was honorably discharged to accept a commission and on 14 May 1968 he was commissioned as a U.S. Army Reserve infantry second lieutenant and entered active duty that date.

4.  He was transferred to Vietnam on 28 April 1969 and was promoted to the rank of first lieutenant on 14 May 1969.  He was assigned to the Military Assistance Command - Vietnam (MACV) for duty as an advisor.

5.  He served in three campaigns.  On 5 March 1970, he was wounded in action and was awarded the Purple Heart in General Orders Number 48 issued by Headquarters, 3rd Field Hospital on 6 March 1970.  He was medically evacuated to Japan, then to Fort Ord, California and then to Madigan General Hospital in Tacoma, Washington where he remained until he was honorably retired by reason of  temporary disability on 24 August 1970 with a 40% disability rating.  His DD Form 214 issued at the time shows he was awarded the Bronze Star Medal with “V” Device, Vietnam Service Medal, Republic of Vietnam Campaign Medal, National Defense Service Medal, Vietnamese Cross of Gallantry with bronze star, and the Combat Infantryman Badge.

6.  General Orders Number 6167 issued by Headquarters, MACV on 27 October 1969 awarded the applicant the Bronze Star Medal (BSM) with “V” Device.  General Orders Number 2253 issued by Headquarters, MACV on 22 April 1970 awarded him the BSM for meritorious service during the period May 1969 to March 1970.

7.  Army Regulation 600-8-22 (Military Awards) states the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that the applicant's unit was awarded the Meritorious Unit Commendation (MUC) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.  

9.  Army Regulation 600-8-22 states a bronze service star, based on qualifying service for each campaign listed in appendix B will be worn on the appropriate service medal.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the BSM with “V” Device, a BSM for meritorious service, and a Purple Heart and is entitled to have his DD Form 214 corrected to reflect these awards.

2.  The applicant served in three campaigns in Vietnam and is entitled to wear three bronze service stars on his already-awarded Vietnam Service Medal and to have them added to his DD Form 214.

3.  Additionally, the applicant’s unit was awarded the MUC and Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.  Accordingly, he is entitled to have those awards added to his DD Form 214 at this time.

4.  However, the applicant has failed to provide sufficient evidence to show that he was awarded the ARCOM.  Therefore, in the absence of such evidence there appears to be no basis to add the award of the ARCOM to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* Deleting the awards of the Bronze Star Medal with V Device and Vietnam Service Medal from item 24 of his DD Form 214
* Adding the awards of the BSM 2nd Award and with V Device, Vietnam Service Medal with three bronze service stars, Purple Heart, MUC, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to his 
DD Form 214

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding the award of the ARCOM to his DD Form 214.  

3.  The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.




      ___________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)                                         AR20130022113





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130022113



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1