IN THE CASE OF:	 

		BOARD DATE:	  13 November 2014

		DOCKET NUMBER:  AR20140006128 


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 his award of the Purple Heart be added to his DD Form 214 (Report of Transfer or Discharge)

2.  The applicant states he was wounded in action and awarded the Purple Heart but it was not included on his DD Form 214.

3.  The applicant provides copies of a telegram and two copies of his Purple Heart award certificate.

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 on 22 March 1967, completed training, and was awarded military occupational specialty 11B (Light Weapons Infantryman).
3.  The applicant's record contains orders for the Air Medal, Army Good Conduct Medal, Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Machinegun Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and Marksman Marksmanship Qualification Badge with Rifle Bar 
(M-16).

4.  He served in Vietnam with Company D, 2nd Battalion, 12th Cavalry Regiment from 28 August 1967 through 26 August 1968.  

5.  On 12 October 1967, he is shown to have been hospitalized for a wound to his left leg.  His parents were notified via Western Union telegram and a Purple Heart award certificate was issued by the 24th Surgical Hospital for this wound.  The wound is listed on his DA Form 20 (Enlisted Qualification Record).

6.  On 21 March 1969, the applicant was honorably released from active duty at the expiration of his term of service as a sergeant.  His DD Form 214 shows award of the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Air Medal, Vietnam Service Medal with bronze service star, and the Army Good Conduct Medal. 

7.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for awards or decorations pertaining to the applicant.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that while the applicant was assigned to 2nd Battalion, 12th Cavalry Regiment, it was cited for award of the:

	a.   Presidential Unit Citation for the period 2 January through 12 February 1968 by Department of the Army General Orders (DAGO) Number 42 dated 1970.

	b.  Valorous Unit Award for the period 1-31 October 1967 by DAGO Number 39 Dated 1970




	c.  Paragraph 6d states DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the following units:

		(1)  Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973.

		(2)  Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

9.  Army Regulation 600-8-22 (Military Awards) states that a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam he participated during the following four campaign periods 

* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)

DISCUSSION AND CONCLUSIONS:

1.  The applicant's award of the Purple Heart, Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Machinegun Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) were omitted from his DD Form 214.  Therefore, it is appropriate to correct these omissions.

2.  The applicant served in Vietnam during four campaign periods and is entitled to wear four bronze service stars on his already-awarded Vietnam Service Medal.  Therefore, it is appropriate to correct his DD Form 214 to reflect all four appurtenances. 

3.  The applicant is also authorized the Presidential Unit Citation, Valorous Unit Award, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it is appropriate to add these awards to his DD Form 214.




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.  deleting from his DD Form 214 the Vietnam Service Medal with bronze service star and 

	b.  adding to his DD Form 214 the:

* Purple Heart
* Vietnam Service Medal with four bronze service stars
* Presidential Unit Citation
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Machinegun Bar 
* 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)                                         AR20140006128



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ABCMR Record of Proceedings (cont)                                         AR20140006128



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