IN THE CASE OF:	   

		BOARD DATE:	  23 October 2014

		DOCKET NUMBER:  AR20140004670 


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 he was awarded the Purple Heart.

2.  The applicant states his Purple Heart is not shown on his DD Form 214.

3.  The applicant provides his DD Form 214 and orders awarding him 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 was inducted into the Army of the United States on 17 April 1968.  
2.  He served in Vietnam from 5 May 1969 to 1 April 1970 while assigned to Headquarters and Headquarters Company (HHC), 4th Battalion, 23rd Infantry Regiment, 25th Infantry Division.

3.  He was honorably released from active duty on 1 April 1970 and transferred to the U.S. Army Reserve.  The DD Form 214 he was issued shows he was awarded or authorized the:

* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal 
* Republic of Vietnam Campaign Medal with Device (1960), shown as the "Vietnam Campaign Medal"

4.  Item 29 (Qualification in Arms) of his DA Form 20 (Enlisted Qualification Record) shows he qualified as a sharpshooter with the M-14 rifle.

5.  His record contains the following special orders and general orders, listed chronologically:

* Special Orders Number 38, issued by the U.S. Army Chemical Center and School, Fort McClellan, AL on 24 February 1969, show he was awarded the Marksman Marksmanship Qualification Badge and Rifle Bar (M-16)
* General Orders Number 9842, issued by Headquarters, 25th Infantry Division on 30 July 1969, show he was awarded the Purple Heart for wounds received in action on 28 July 1969
* General Orders Number 2312, issued by Headquarters, 25th Infantry Division on 25 February 1970, show he was awarded the Bronze Star Medal for meritorious service in Vietnam
* General Orders Number 3131, issued by Headquarters, 25th Infantry Division on 19 March 1970, show he was awarded the Army Good Conduct Medal (1st Award)

6.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A review of his records shows that during his service in Vietnam he participated in three campaigns.

7.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows HHC, 4th Battalion, 23rd Infantry Regiment was cited for award of the: 

* Meritorious Unit Commendation, for the period 1 January 1968 through 31 August 1969, by Department of the Army General Orders (DAGO) Number 53, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 24 August through 31 December 1969, by DAGO Number 42, dated 1972
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 30 April 1966 through 21 January 1970, by DAGO Number 51, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Purple Heart, Bronze Star Medal, and Army Good Conduct Medal (1st Award).  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  His record confirms he participated in three campaigns during his service 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 Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period in which he was assigned.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  Special orders awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and his record shows he qualified as sharpshooter with the M-14 rifle. Therefore it would be appropriate to correct his DD Form 214 to show these markmanship badges.

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 amending his DD Form 214 to deleting the Vietnam Service Medal and adding the:

* Bronze Star Medal
* Purple Heart 
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)




      _______ _   _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)                                         AR20140004670





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ABCMR Record of Proceedings (cont)                                         AR20140004670



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