IN THE CASE OF:    

		BOARD DATE:  5 February 2015	  

		DOCKET NUMBER:  AR20140010666 


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 (Report of Separation from Active Duty) for the period ending  29 January 1979 to show award of the Purple Heart. 

2.  The applicant states he was awarded the Purple Heart in April 1970.

3.  The applicant provides a copy of his DD Form 214 for the period ending        29 January 1979. 

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 into the Army of the United States on 18 February 1969.  He completed training and he was awarded military occupational specialty 11D (Armor Reconnaissance Specialist).  Evidence further shows he served in the Republic of Vietnam from 2 August 1969 to 15 July 1970 with Troop C,       2nd Squadron, 1st Cavalry Regiment.

3.  His record contains Special Orders Number 71, issued by Headquarters, Third Basic Combat Training Brigade, U.S. Army Training Center, Infantry, Fort Ord, CA, dated 9 April 1969, which show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  His record contains Special Orders Number 93, issued by Headquarters, 2nd Combat Support Training Brigade, U.S. Army Training Center, Armor, Fort Knox, KY, dated 17 June 1969, which show he was awarded the 2nd Class Gunner Marksmanship Qualification Badge with MachineGun Bar (M-60).

5.  His record indicates Special Orders Number 191, issued by U.S. Army Training Center, Armor, Fort Knox, KY, dated 1969, show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

6.  His record contains General Orders Number 68, issued by Headquarters, 71st Evacuation Hospital, dated 26 May 1970, which show he was awarded the Purple Heart for wounds received in action on 22 May 1970.

7.  On 18 January 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar 

8.  On 22 November 1974, the applicant enlisted in the Regular Army for a period of four years.  He completed training and he was awarded military occupational specialty 12B (Combat Engineer).  The evidence also shows he served in Germany from 26 February to 23 July 1977.

9.  On 29 January 1979, the applicant was honorably discharged in the rank/grade of private first class/E-3.  His DD Form 214 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
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Bronze Star Medal
* Overseas Service Bar

10.  On 17 June 1980, the applicant requested his records be corrected by deleting the Bronze Star Medal and adding the Purple Heart.

11.  His record contains a DD Form 215 (Correction to DD Form 214), dated       15 August 1980, that adds the Purple Heart to his DD Form 214 for the period ending 18 January 1971.

12.  His record contains a DD Form 215, dated 15 August 1980, which deletes the Bronze Star Medal from his DD Form 214 for the period ending 29 January 1979.

13.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal and states that a bronze service star is authorized with this award for each Republic of Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in the Republic of Vietnam, participation credit was awarded for the following two campaigns:

* Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

DISCUSSION AND CONCLUSIONS:

1.  Special orders awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), the 2nd Class Gunner Marksmanship Qualification Badge with Machine Gun Bar (M-60), and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16); therefore, he is entitled to correction of his DD Form 214 to show these badges.

2.  General orders show he was awarded the Purple Heart.  His DD Form 214 for the period ending 18 January 1971 was corrected by a DD Form 215 to show award of the Purple Heart; however, his DD Form 214 for the period ending         29 January 1979 should also be corrected to show this award.


3.  The evidence revealed the applicant participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to award of two bronze service stars for wear on his previously-awarded Vietnam Service Medal.

4.  Paragraph 6d states Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the following units:

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

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

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 for the period ending 29 January 1979 the Vietnam Service Medal; and

b.  adding to his DD Form 214 for the period ending 29 January 1979 the:

* Vietnam Service Medal with two bronze service stars
* Purple Heart
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* 2nd Class Gunner Marksmanship Qualification Badge with Machine Gun Bar (M-60)



* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20140010666



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ABCMR Record of Proceedings (cont)                                         AR20140010666



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