IN THE CASE OF:	  

		BOARD DATE:	  7 August 2014

		DOCKET NUMBER:  AR20140000220 


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) by showing award of the Purple Heart and his service in the Republic of Vietnam (RVN).

2.  The applicant states his DD Form 214 does not reflect his service in the RVN and does not show what awards he received.  He has always had documents stating that he was in the RVN and had received a Purple Heart; but, he did not realize it was required to be on his DD Form 214.

3.  The applicant provides copies of:

* DD Form 214
* General Orders Number 155, 27th Surgical Hospital, dated 13 July 1969 (Front side only)
* Certificate for award of the Purple Heart, dated 12 July 1969
* DA Form 20 (Enlisted Qualification Record) (Page 4 only)
* Standard Form 89 (Report of Medical History) (Reverse side only)
* Veterans Administration (VA) Form 21-6782 (Original Disability Compensation) effective 1 November 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.  On 7 November 1968, the applicant was inducted into the Army of the United States and was trained as a supply specialist.

3.  Special Orders Number 258, Fort Gordon, GA, dated 17 December 1968 announced the applicant’s award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

4.  Special Orders Number 43, Fort Gordon, GA, dated 28 February 1969 announced the applicant’s award of the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar.

5.  Special Orders Number 49, Fort Gordon, GA, dated 7 March 1969 announced the applicant’s award of the Expert Marksmanship Qualification Badge with Machinegun Bar.

6.  On or about 9 May 1969, the applicant was assigned for duty in the RVN with Company C, 1st Battalion, 52nd Infantry Regiment.

	a.  General Orders Number 155, 27th Surgical Hospital, dated 13 July 1969, announced the applicant’s award of the Purple Heart for wounds received on 
12 July 1969 in the RVN.

	b.  On or about 16 July 1969, the applicant departed the RVN.

7.  On 27 August 1969, the applicant was assigned to Headquarters Company, United States Army Camp Carroll Depot, located in the Republic of Korea (ROK).

8.  On or about 10 June 1970, the applicant departed the ROK and returned to the United States.
9.  On 11 June 1970, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  He had attained the rank of private first class, pay grade E-3 and had completed 1 year, 7 months, and 5 days of creditable active duty service.

10.  The applicant's DD Form 214:

   a.  lists his awards as the National Defense Service Medal; and
   
   b.  states his service dates in the RVN are not available.

11.  Army Regulation 600-8-22 (Military Awards):

	a.  States the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in the RVN 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.  A bronze service star is authorized for wear on the Vietnam Service Medal for participation in each campaign.

	b.  Appendix B of this regulation indicates, based on the applicant's dates of service in the RVN, that he participated in the following two campaign periods:

* Tet 69 Counteroffensive
* Vietnam Summer-Fall 1969

   c.  States the Vietnam Campaign Medal with 1960 Device 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.  Individuals who had qualified for award of the Vietnam Service Medal and were evacuated prior to completing 6 months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.
   
   d.  States the Korea Defense Service Medal (KDSM) is authorized to members of the armed forces of the United States who have served on active duty in support of the defense of the ROK.  The area of eligibility and the period of eligibility includes the period from 28 July 1954 through a future date to be determined by the Secretary of Defense.  The area of eligibility encompasses all land area of the ROK.  Members must have been mobilized with units or 

assigned or attached to units operating in the area of eligibility for 30 consecutive or 60 non-consecutive days.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 1st Battalion, 52nd Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 42, dated in 1972 for award of the RVN Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected by showing award of the Purple Heart and his service in the Republic of Vietnam (RVN).

2.  General orders announced the applicant’s award of the Purple Heart for wounds received on 12 July 1969.  Therefore, this medal should be shown on his DD Form 214.

3.  The available evidence of record shows that the applicant served in the RVN from about 9 May to 16 July 1969 (2 months and 8 days).  He also served in the ROK from 27 August 1969 to 10 June 1970 (9 months and 14 days).  Therefore, his DD Form 214 should show all of his overseas service as 11 months and 
22 days.  The remarks block should also show his RVN service dates.

4.  Records show that the applicant served a qualifying period of duty in the RVN for award of the Vietnam Service Medal.  Furthermore, he participated in two campaign periods during his service in the RVN.  Therefore, he is eligible for award of the Vietnam Service Medal with two bronze service stars.

5.  Records show that the applicant's unit was cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

6.  Records show that the applicant’s tour of duty in the RVN ended just a few days after his being wounded in action.  The applicant’s tour lasted about 2 1/2 months, strongly implying he was medically evacuated due to his wounds.  This would make him eligible for award of the RVN Campaign Medal with 1960 Device.  This medal should be shown on his DD Form 214.

7.  The applicant served a qualifying tour of duty in the ROK for award of the KDSM.  Therefore, this medal should be shown on his DD Form 214.

8.  Special orders announced the applicant’s award of the Expert Marksmanship Qualification Badge with Machinegun Bar.  Therefore, his records should be corrected to show this badge on his DD Form 214.

9.  Special orders announced the applicant’s award of the Sharpshooter Marksmanship Qualification Badge with Rifle and Automatic Rifle Bars.  Therefore, his DD Form 214 should show 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.  showing on his DD Form 214 that his total foreign service was 11 months and 22 days;

	b.  showing in the Remarks block of his DD Form 214 his service in the Republic of Vietnam was from 9 May to 16 July 1969; and

	c.  showing, in addition to the award already-shown on his DD Form 214, that his awards include the:

* Purple Heart
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with 1960 Device
* Korea Defense Service Medal


* Expert Marksmanship Qualification Badge with Machinegun Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle and Automatic Rifle Bars




      _______ _   _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)                                         AR20140000220



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ABCMR Record of Proceedings (cont)                                         AR20140000220



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