IN THE CASE OF:	  

		BOARD DATE:	  9 December 2014

		DOCKET NUMBER:  AR20140007951 


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 and the Republic of Vietnam Campaign Medal with Device (1960).

2.  The applicant states he needs his record corrected for posterity and a burial headstone/marker.   

3.  The applicant provides a copy of General Orders Number 51.

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 22 October 1968.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  He served in the Republic of Vietnam from 1 April to    22 June 1969, a period of 2 months and 28 days, with Company C, 1st Battalion (Airmobile), 501st Infantry Regiment.

3.  His record contains Headquarters, 101st Airborne Division General Orders Number 10429, dated 11 August 1969, which show he was awarded the Air Medal.

4.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) indicates he received a gunshot wound to his left shoulder on 9 June 1969.  This form further shows he was medically evacuated to the 106th General Hospital, Japan.

5.  On 21 October 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.  The DD Form 214 he was issued shows he was awarded the:

* National Defense Service Medal 
* Combat Infantryman Badge
* Army Good Conduct Medal
* Vietnam Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

6.  His record contains a DD Form 215 (Correction to the DD Form 214), dated 10 January 1975, which shows he was awarded the Purple Heart.  

7.  Army Regulation 600-8-22 (Military Awards) 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.  Individuals who qualified for award of the Vietnam Service 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 line of duty

are also entitled to award of the Republic of Vietnam Campaign Medal with Device (1960).

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his assignment to Company C, 1st Battalion (Airmobile), 501st Infantry Regiment, his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 15 August 1968 through 14 May 1969 by Department of the Army General Orders (DAGO) Number 43, dated 1970 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 to 2 May 1970 by DAGO Number 48, dated 1971.

9.  Army Regulation 600-8-22 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.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the TET 69 Counteroffensive and the Vietnam Summer-Fall 1969 campaigns.

DISCUSSION AND CONCLUSIONS:

1.  His record contains a DD Form 215, dated 10 January 1975, which shows he was awarded the Purple Heart.  As such, his record does not require correction to reflect this award.  A copy of the DD Form 215 will be provided to him.

2.  Although he only served in the Republic of Vietnam for approximately three months, he was wounded as a result of hostile action and medically evacuated to Japan for treatment.  Therefore, he is entitled to the Republic of Vietnam Campaign Medal with Device (1960). 

3.  General orders awarded him the Air Medal; therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  Records show the applicant participated in two campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

5.  Department of the Army Pamphlet 672-3 shows his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit citations.



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 the Vietnam Service Medal from his DD Form 214; and

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

* Air Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation





      _____________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)                                         AR20140007951





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ABCMR Record of Proceedings (cont)                                         AR20140007951



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