IN THE CASE OF:	  

		BOARD DATE:	  18 December 2014

		DOCKET NUMBER:  AR20140006874 


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:

	a.  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; and

	b.  correction of his DA Form 8-275-2 (Clinical Record Cover Sheet), dated 1970, to show his last name spelled as S__TON.

2.  The applicant states:

* his DD Form 214 does not reflect the Purple Heart – it was never awarded
* his last name is misspelled on the Clinical Record Cover Sheet

3.  The applicant provides:

* DA Form 8-275-2
* Standard Form 502 (Clinical Record)
* DD Form 214

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 10 February 1970 for 2 years. His DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows his last name spelled as S__TON.  He was awarded military occupational specialty (MOS) 11B (light weapons infantryman).

3.  He arrived in Vietnam on 11 July 1970 where he served in MOS 11B while assigned to Company A, 2nd Battalion, 22nd Infantry Regiment, from 21 July 1970 until he was wounded in action on 20 August 1970.  He was transferred for further medical treatment on 24 August 1970.  He participated in one campaign during his assignment in Vietnam.

4.  Headquarters, 12th Evacuation Hospital, General Orders Number 195, dated 21 August 1970, awarded him the Purple Heart for wounds received in action on 20 August 1970 in the Republic of Vietnam.

5.  Headquarters, 25th Infantry Division, General Orders Number 9130, dated 21 August 1970, awarded him the Army Commendation Medal (ARCOM) with "V" Device for heroism on 20 August 1970 in Vietnam.

6.  He provided a 1970 DA Form 8-275-2 that shows his last name spelled as S__DON.  He also provided a Standard Form 502, dated 13 October 1970, which shows his last name spelled as S__TON.

7.  He was honorably released from active duty on 10 December 1971.  His DD Form 214 shows his last name spelled as S__TON.  This form also shows he was awarded or authorized the:

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* ARCOM
* Bronze Star Medal
* Army Good Conduct Medal (1st Award)

8.  There are no orders for the basic ARCOM or Combat Infantryman Badge (CIB) in the available records.

9.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal (VSM) 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.  This same regulation states a bronze service star will be awarded for wear on the VSM for participation in each credited campaign.

10.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Also eligible for this award are individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than six months of service but:

* were wounded as a result of hostile action
* were captured by hostile forces but later escaped or were rescued or released
* were killed in action or otherwise in the line of duty

11.  Army Regulation 600-8-22 states there are basically three requirements for award of the CIB.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

12.  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, 22d Infantry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period 1 September 1968 to 30 September 1970 by Department of the Army General Orders Number 5, dated 1973.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant was awarded the Purple Heart.  Therefore, his DD Form 214 should be corrected to show this award.

2.  His DD Form 214 shows award of the ARCOM, but orders show he was awarded the ARCOM with "V" Device for heroism on 20 August 1970 in Vietnam.  Therefore, his DD Form 214 should be corrected to show the ARCOM with "V" Device.

3.  The evidence of record shows the applicant held and served in an infantry MOS and he was assigned to an infantry company in Vietnam.  In addition, he was awarded the ARCOM with "V" Device for heroism on 20 August 1970.  Therefore, there is sufficient evidence on which to base awarding him the CIB and adding the CIB to his DD Form 214.

4.  Based on his service in Vietnam and participation in one campaign, he is authorized award of the VSM with one bronze service star.  Therefore, his DD Form 214 should be corrected to show this award.

5.  The evidence shows he served in Vietnam for a period of less than 6 months and he was evacuated from Vietnam prior to completing 6 months of service due to wounds resulting from hostile action.  Therefore, he is authorized award of the Republic of Vietnam Campaign Medal with Device (1960) and his DD Form 214 should be corrected to show this medal.

6.  His unit in Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 24 should be corrected to show this unit award.

7.  The applicant's request to correct the spelling of his last name on his 1970 DA Form 8-275-2 was carefully considered.  Although his last name is misspelled on this form, this form is no longer in the Army inventory and cannot be corrected.  However, a copy of this Record of Proceedings will be filed in his Official Military Personnel File to clarify any questions concerning the correct spelling of his last name.  The applicant may also use this Record of Proceedings to explain why the form cannot be corrected.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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 CIB for action in ground combat against a hostile force in the Republic of Vietnam on 20 August 1970;

	b.  deleting award of the ARCOM from his DD Form 214;

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

* Purple Heart
* ARCOM with "V" Device
* VSM with one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* CIB

	d.  issuing him the Purple Heart.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to amending his 
DA Form 8-275-2, dated 1970, to show his last name spelled as S__TON.



      _______ _   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)                                         AR20140006874



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ABCMR Record of Proceedings (cont)                                         AR20140006874



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