IN THE CASE OF:
BOARD DATE: 25 September 2014
DOCKET NUMBER: AR20140002743
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show that during his last duty assignment he served as a member of Battery C, 1st Battalion, 40th Artillery Regiment versus Battery D, 1st Battalion, 40th Artillery Regiment. Additionally, he requests correction of his DD Form 214 to show he was awarded the Purple Heart.
2. The applicant states the wrong data is recorded on his DD Form 214.
3. The applicant provides his DD Form 214, orders, two letters, and an email.
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. A review of the applicant's records shows on 4 April 2011, a DD Form 215 (Correction to DD Form 214 - Certificate of Release or Discharge from Active Duty) was issued that corrected item 12 (Last Duty Assignment and Major Command) of his DD Form 214 to show his last unit of assignment as Battery C, 1st Battalion, 40th Artillery Regiment. Therefore, this portion of his request will not be addressed further in these Proceedings. A copy of the DD Form 215 will be provided to him.
3. The applicant was inducted into the Army of the United States on 29 November 1965. He served in Vietnam from 24 September 1966 to 31 August 1967 while assigned to Battery C, 1st Battalion, 40th Artillery Regiment.
4. He was honorably released from active duty on 31 August 1967 and he was transferred to the U.S. Army Reserve. The DD Form 214 he was issued shows he was awarded or authorized the:
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* 1 Overseas Service Bar
5. Permanent Orders 224-27, issued by the U.S. Army Human Resources Command, Alexandria, VA on 11 August 2008, awarded him the Purple Heart for wounds received as a result of hostile action in Vietnam on 7 July 1967.
6. Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal. It states that 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 he participated in three campaigns.
7. Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar. For Vietnam service, one Overseas Service Bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the Overseas Service Bar.
8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) paragraph 6d states Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 through 28 March 1973.
DISCUSSION AND CONCLUSIONS:
1. Permanent orders awarded him the Purple Heart, which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.
2. He participated in three campaigns while serving 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 accordingly.
3. General orders awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. Therefore, he is entitled to correction of his DD Form 214 to show this unit award.
4. He served in Vietnam for 12 months. Therefore, he is entitled to a second Overseas Service Bar and correction of his DD Form 214 accordingly.
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 from his DD Form 214 the Vietnam Service Medal and the Overseas Service Bar
* adding to his DD Form 214 the:
* Purple Heart
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Two Overseas Service 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) AR20140002743
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ABCMR Record of Proceedings (cont) AR20140002743
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