IN THE CASE OF:	    

		BOARD DATE:	  18 November 2014

		DOCKET NUMBER:  AR20140004054 


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 show award of the Purple Heart. 

2.  The applicant states:

	a.  His Purple Heart is not listed on his DD Form 214.

	b.  He extended his tour of duty in Vietnam and was released from the Army 6 months early in 1970.  He had to out-process from Vietnam and Fort Lewis, WA.  His records were incomplete when he was discharged.

	c.  He was wounded by shrapnel in his left shoulder during a ground attack on Support Fire Base Jack.  That night he was treated at an aid station and was told to come back the next day to do paperwork.  They were hit again that night and his platoon was airlifted off the base the next morning.

3.  The applicant provides:

* two applications
* DD Form 214
* DA Form 1577 (Authorization for Issuance of Awards)
* Purple Heart Certificate
* Bronze Star Medal with "V" Device orders


* two photographs of a wounded Soldier
* Veterans Administration documentation

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 inducted into the Army of the United States on 2 January 1969.  He arrived in Vietnam on 29 June 1969.  He served as an infantry indirect fire crewman assigned to Company E, 2nd Battalion, 501st Infantry Regiment, in Vietnam from 15 July 1969 to 3 August 1970.  He participated in four campaigns during his assignment in Vietnam.

3.  There are no orders for the Purple Heart in the available records.  However, his records contain a Western Union telegram, dated 8 May 1970, which states he was slightly wounded in action in Vietnam on 6 May 1970 by a fragment while at the fire support base when the area came under attack by a hostile force.  He received a wound to the left side of his jaw.

4.  On 6 August 1970, he was honorably released from active duty.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Army Commendation Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Mortar Bar
* two overseas service bars
* Vietnam Service Medal
* Bronze Star Medal with "V" Device with 2nd Oak Leaf Cluster
* Combat Infantryman Badge

5.  The Vietnam casualty roster also shows he was wounded in action on 6 May 1970.

6.  Headquarters, 101st Airborne Division (Airmobile), General Orders Number 8887, dated 8 August 1970, awarded him the Army Good Conduct Medal for the period 2 January 1969 through 6 August 1970.

7.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 2nd Battalion, 501st Infantry Regiment, was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for actions during the period 18 March 1968 to 2 May 1970 by Department of the Army General Orders (DAGO) Number 48, dated 1971.

9.  DAGO Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The Western Union telegram and entry on the Vietnam casualty roster that show the applicant was wounded in action on 6 May 1970 in Vietnam, combined with his Purple Heart Certificate, are accepted as sufficient evidence on which to base adding the Purple Heart to his DD Form 214.

2.  General orders show he was awarded the first award of Army Good Conduct Medal.  Therefore, his DD Form 214 should be corrected to show this medal.

3.  He participated in four campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with four bronze service stars.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

4.  His unit in Vietnam was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment in Vietnam.  Therefore, his DD Form 24 should be corrected to show this unit award.

5.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant served in Vietnam during a qualifying period; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

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 adding the following awards to his DD Form 214:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* four bronze service stars with his already-awarded Vietnam Service Medal



      ___________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)                                         AR20140004054



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ABCMR Record of Proceedings (cont)                                         AR20140004054



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