IN THE CASE OF:	 

		BOARD DATE:	  16 October 2014

		DOCKET NUMBER:  AR20140003633 


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 Stets Report of Transfer or Discharge) to show he was awarded the Purple Heart.

2.  The applicant states he was wounded in action on 21 May 1970 but the Purple Heart is omitted from his DD Form 214.

3.  The applicant provides his DD Form 214, Letter Orders that announced his award of the Purple Heart, and a certificate that shows he was awarded the Purple Heart. 

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 22 April 1968 and held military occupational specialty 11B (Light Weapons Infantryman).  He attended and successfully completed the officer candidate school. 

3.  On 5 March 1969, he was honorably discharged to accept a commission at the conclusion of 10 months and 14 days of active service. 

4.  On 6 March 1969, he was appointed as a Reserve commissioned officer of the Army in the infantry branch, with concurrent call to active duty.    

5.  He served in Vietnam from 4 October 1969 to 30 October 1970, where he was assigned as a platoon leader to Company E, 1st Battalion, 327th Infantry Regiment, 101st Airborne Division. 

6.  General Orders (GO) Number 633, issued by Headquarters, 199th Infantry Brigade on 7 March 1970, awarded him the Bronze Star Medal (1st Oak Leaf Cluster) for meritorious achievement from 26 July to 25 December 1969.  

7.  GO Number 4126, issued by Headquarters, 101st Airborne Division on         13 April 1970, awarded him the Army Commendation Medal for meritorious achievement from 1 November 1969 to 31 March 1970. 

8.   GO Number 10251, issued by Headquarters, 101st Airborne Division on 1 September 1970, awarded him the Bronze Star Medal for meritorious service from 1 November 1969 to 31 August 1970. 

9.  On 1 March 1971, Headquarters, 1st Battalion, 327th Infantry submitted a memorandum to Headquarters, Department of the Army (HQDA) requesting the applicant be awarded the Purple Heart for wounds received in action on 21 May 1970. 

10.  On 5 March 1971, he was honorably released from active duty.  His          DD Form 214 shows he was awarded or authorized the: 

* Bronze Star Medal
* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam Campaign Medal with 1960 Device
* Parachutist Badge

11.  On 14 April 1971, HQDA issued Letter Orders awarding him the Purple Heart for wounds received in action on 21 May 1970.
12.  His DA Form 66 (Officer Qualification Record) shows he qualified as a sharpshooter with the M-14 rifle on 24 September 1968.  

13.  Army Regulation 600-8-22 (Military Awards) provides that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  

14.  Appendix B of Army Regulation 600-8-22 shows that during his service in Vietnam participation credit was awarded for the below campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.   Based on his period of service in Vietnam, the applicant participated in the following four campaigns:

* Vietnam Summer - Fall 1969  (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970  (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive  (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII  (1 July 1970 - 30 June 1971)

15.  DA Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his service in Vietnam with the 1st Battalion, 327th Infantry Regiment, from 4 October 1969 to 30 October 1970, his unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for service from 18 March 1968 to 2 May 1970, by DAGO Number 48, dated 1971. 

16.  DAGO Number 8, issued by HQDA in 1974, announced the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to:

* Headquarters, U.S. Military Assistance Command, Vietnam and its subordinate units during the period 8 February 1962 to 28 March 1973
* Headquarters, U.S. Army, Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  HQDA issued Letter Orders awarded him the Purple Heart for wounds he received in action on 21 May 1970.  This award is not listed on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award. 

2.  He held an infantry specialty and he served in Vietnam as a platoon leader with an infantry company.  Since he was wounded in action on 21 May 1970, it is reasonable to presume he was personally present and served in active ground combat while assigned to that infantry unit.  He appears to have met the criteria for award of the Combat Infantryman Badge; therefore, he should be awarded the Combat Infantryman Badge and his DD Form 214 should be corrected to show this badge.

3.  He was awarded two awards of the Bronze Star Medal; however, his           DD Form 214 only lists one award.  Therefore, he is entitled to correction of his DD Form 214 to show both awards. 

4.  He was awarded the Vietnam Service Medal.  Additionally, he participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to four (instead of two) bronze service stars to be affixed to his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

5.  He qualified as a sharpshooter with the M-14 rifle.  Therefore, he is entitled to award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar    (M-14), and to correction of his DD Form 214 to show this badge. 

6.  General orders awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  These unit awards are not listed on his DD Form 214; therefore, it should be corrected to show them. 

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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.  awarding him the Combat Infantryman Badge for action on 21 May 1970;
	b.  amending his DD Form 214 for the period ending 5 March 1971 to delete the Bronze Star Medal and the Vietnam Service Medal with 2 bronze service stars; and 
 
	c.  amending his DD Form 214 for the period ending 5 March 1971 to add the following awards:

* Purple Heart
* Bronze Star Medal (2nd Award) 
* Vietnam Service Medal with four bronze service stars
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20140003633





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ABCMR Record of Proceedings (cont)                                         AR20140003633



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