IN THE CASE OF:	  

		BOARD DATE:	  18 December 2014

		DOCKET NUMBER:  AR20140009318 


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 record to show award of the Purple Heart.  He also requests correction of his record to show that he was a Sniper.

2.  The applicant states he:

* got his Purple Heart after he got out of the Army
* was a Sniper in the Army and it should be shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)

3.  The applicant submitted a certificate of completion and a DA Form 1577 (Authorization for Issuance of Awards).

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 record shows he enlisted in the Regular Army on 25 January 1968.  He served in Vietnam from 5 February 1970 to 10 February 1971.

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 27 (Military Education)no entry ( is blank);

	b.  item 38 (Record of Assignments) he was assigned to C Troop, 1st Squadron, 1st Cavalry Division from 20 February 1970 to 4 February 1971;

	c.  item 40 (Wounds)no entry ( is blank); and 

	d.  item 41 (Awards and Decorations) does not list award of the Purple Heart.

4.  He provides a Certificate of Training which shows he completed the Sniper Course 2-71 on 10 September 1971 at the Americal Combat Center in Vietnam.  The certificate does not indicate the duration of the course.  However, an Internet search revealed the Sniper Course conducted at the Bien Hoa Air Base consisted of 3 weeks of training.

5.  On 10 February 1971, he was honorably released from active duty.  He had completed 2 years, 7 months, and 1 day of total active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), two Overseas Service Bars, Combat Infantryman Badge, Army Commendation Medal, and Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  Item 25 (Education and Training Completed) shows the entry, None. 

6.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing shows the applicant's name as a casualty on 24 May 1971 under casualty status code "25."  This casualty code refers to "hostile wounded in action, not serious, not hospitalized (not notified)."

7.  Review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the U.S. Army Human Resources Command Military Awards Branch, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Purple Heart pertaining to the applicant.

8.  He submitted a DA Form 1577, dated 5 December 1991, which shows he was issued the Army Commendation Medal, National Defense Service Medal, Vietnam Service Medal with three bronze service stars, Combat Infantryman Badge, Republic of Vietnam Campaign Medal with Device (1960), and Purple Heart.

9.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy.  It states the Purple Heart is awarded to members wounded in action and states that in order to award the Purple Heart, there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by military medical personnel, and a record of the medical treatment was made a matter of official record.

10.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  The applicant participated in the following campaigns:

* Winter-Spring 1970, (1 November 1969 to 30 April 1970)
* Sanctuary Counteroffensive, (1 May to 30 June 1970)
* Counteroffensive, Phase VII, (1 July 1970 to 30 June 1971)

11.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  In pertinent part it stated that installation training courses (qualifications courses), military correspondence courses, and off-duty courses the enlisted person had completed successfully during the period covered by the DD Form 214 will be entered in item 25.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s service record does not contain orders which authorize him award of the Purple Heart.  However, the Adjutant General's Office, Casualty Division's Vietnam casualty listing shows he was wounded in action on 24 May 1971 in Vietnam.  A DA Form 1577 shows he was issued the Purple Heart Medal.  This evidence is sufficient as a basis to award him the Purple Heart and to correct his DD Form 214 to show award of the Purple Heart.

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

3.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

4.  Evidence shows he successfully completed the 3-week Sniper Course in September 1970.  Therefore, he is entitled to correction of his DD Form 214 to show completion of this course.

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

   b.  adding to item 24 of his DD Form 214 the:

* Purple Heart
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

	c.  adding to item 25 of his DD Form 214 the entry "Sniper School Course 
2-71, 3 weeks, (1971)."



      ___________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)                                         AR20140008415





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ABCMR Record of Proceedings (cont)                                         AR20140009318



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