IN THE CASE OF:    

		BOARD DATE:  29 January 2015	  

		DOCKET NUMBER:  AR20140006171 


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.  He also requests correction of the spelling of his last name on his Purple Heart Certificate.

2.  The applicant states the Purple Heart is not shown on his DD Form 214 and his last name is misspelled on the Purple Heart Certificate.  When he enrolled in the Department of Veterans Affairs (VA) health care system he was told his award of the Purple Heart was not recorded on his DD Form 214, but it would not affect his medical benefits.  On 14 March 2014, he visited a friend who was also wounded in Vietnam.  His friend showed him his VA membership card and said award of the Purple Heart makes a big difference in medical benefits.  He contacted a VA counselor who informed him that he needed to have his Army records corrected and provided an application for correction of military records.

3.  The applicant provides copies of his DD Form 214 with State of California certification, Purple Heart Certificate with State of California certification, and 1st Cavalry Division (Airmobile) Vietnam Combat 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's complete military records are not available for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, the documents provided by the applicant, coupled with Army records systems and databases, are sufficient to conduct a fair and impartial review of this case.

3.  He was inducted into the Army of the United States on 9 November 1965.

4.  He provided a 1st Cavalry Division (Airmobile) Vietnam Combat Certificate showing he faithfully served his country with the 2d Battalion, 12th Cavalry Regiment, 1st Cavalry Division (Airmobile), in the Republic of Vietnam during the period 17 May 1966 to 18 May 1967 (1 year and 2 days).  This certificate shows his last name spelled as F__ue__ and his service number as US XX XXX 132.

5.  The Vietnam casualty roster shows he was wounded in action on 10 August 1966.  His last name is spelled as F__uo__ and his service number is shown as US XX XXX 132.

6.  The Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, contained Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 2836, dated 14 August 1966, awarding him the Purple Heart for wounds received in connection with military operations against a hostile force in the Republic of Vietnam on 10 August 1966 while assigned to Company A, 2d Battalion, 12th Cavalry Regiment, 1st Cavalry Division (Airmobile).  These orders show his last name spelled as F__uo__ and his service number as US XX XXX 132.

7.  He provided a copy of his Purple Heart Certificate showing he was awarded the Purple Heart for wounds received in action on 10 August 1966 in the Republic of Vietnam.  This certificate shows his last name spelled as F__uo__ and his service number as US XX XXX 132.

8.  He was honorably released from active duty on 5 September 1967 in the temporary rank of sergeant/E-5.  He completed 1 year, 9 months, and 27 days of active service with no lost time, including 1 year and 2 days of foreign service.

9.  His DD Form 214 shows his last name spelled as F__ue__ and his service number as US XX XXX 132.

10.  His DD Form 214 further shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Air Medal
* Army Commendation Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

11.  There is no evidence of any derogatory information or a commander's disqualification that would have precluded the applicant from being recommended for or awarded the Army Good Conduct Medal for the period 9 November 1965 to 5 September 1967.

12.  Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

13.  Army Regulation 600-8-22 states a bronze service star is worn on the Vietnam Service Medal for each credited campaign.  Appendix B shows participation credit was awarded for two campaigns during the period 17 May 1966 to 18 May 1967.

14.  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 2d Battalion, 12th Cavalry Regiment, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 9 May 1969 by Department of the Army General Orders Number 59, dated 1969.



DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Purple Heart for wounds received in action on 10 August 1966.  Therefore, his DD Form 214 should be corrected to show this award.

2.  He completed 1 year, 9 months, and 27 days of honorable active service with no lost time and attained the temporary rank of sergeant/E-5.  The available records contain no evidence of any derogatory information or a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for the period 9 November 1965 to 5 September 1967 and his DD Form 214 should be corrected to show this award.

3.  He participated in two campaigns during his service in Vietnam.  Therefore, he is authorized two bronze service stars with his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

4.  His unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 9 May 1969 covering the period of his assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

5.  His contention that his last name is misspelled on his Purple Heart Certificate has merit.  His DD Form 214 shows his last name spelled as F__ue__ and his service number as US XX XXX 132.  The Purple Heart Certificate shows his last name spelled as F__uo__ and his service number as US XX XXX 132.  As evidenced by the consistent record of his service number as US XX XXX 132, it appears that his last name was misspelled when it was recorded on the Vietnam casualty listing and carried forward to the general orders awarding him the Purple Heart and the accompanying certificate.  Therefore, it would be appropriate to correct the general orders awarding him the Purple Heart and the Purple Heart Certificate to show his full name spelled as shown on 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 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 Army Good Conduct Medal (1st Award) for the period 9 November 1965 to 5 September 1967;

	b.  deleting award of the Vietnam Service Medal from his DD Form 214;

	c.  adding the following awards to his DD Form 214:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

	d.  amending Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 2836, dated 14 August 1966, to show his full name spelled as shown on his DD Form 214; and

	e.  issuing him a new Purple Heart Certificate showing his full name spelled as shown on his DD Form 214.



      _______ _   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)                                         AR20140006171



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ABCMR Record of Proceedings (cont)                                         AR20140006171



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