IN THE CASE OF:	  

		BOARD DATE:	  26 February 2015

		DOCKET NUMBER:  AR20140012112 


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 the following:

* Purple Heart (2nd Award)
* Bronze Star Medal with "V" Device
* Army Commendation Medal

2.  The applicant states he was awarded a second award of the Purple Heart and only the first award is listed on his DD Form 214.  He was also awarded the Bronze Star Medal with "V" Device and this is also not listed on his DD Form 214.  These awards were erroneously omitted from his DD Form 214 along with the Army Commendation Medal.

3.  The applicant provides copies of the following:

* two Purple Heart Certificates
* General Orders (GO) Number 4221
* Bronze Star Medal with "V" Device Certificate
* Army Commendation Medal Certificate
* 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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the 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 sufficient bases to waive the statute of limitations.

2.  The applicant's military records show he was inducted into the Army of the United States on 21 April 1965.  He was awarded military occupational specialty 11B (light weapons infantryman).  He served in Vietnam from 11 October 1965 through 11 October 1966, during three campaigns.  He was assigned to Company C, 1st Battalion, 327th Infantry, 1st Brigade, 101st Airborne Division.

3.  His records contain the following orders issued by Headquarters, U.S. Army Vietnam:

* GO Number 1668, dated 14 March 1966, awarding him the Purple Heart for wounds received in connection with military operations against a hostile force in Vietnam on 9 March 1966 
* GO Number 2499, dated 26 April 1966, awarding him the Purple Heart for wounds received in connection with military operations against a hostile force in Vietnam on 10 March 1966
* GO Number 4221, dated 27 June 1966, awarding him the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force in Vietnam on 9 March 1966

4.  GO Number 172, issued by Headquarters, 1st Brigade, 101st Airborne Division on 26 January 1967 awarded him the Army Commendation Medal for meritorious service in connection with military operations against a hostile force in Vietnam from 10 October 1965 through 8 October 1966.  

5.  He was honorably released from active duty in pay grade E-4 on 20 April 1967.  He was credited with completing 2 years of active service.  His DD Form 214 lists the:

* Bronze Star Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Purple Heart
* Army Good Conduct Medal
* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Parachutist Badge

6.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) lists all the awards listed on his DD Form 214 plus the Purple Heart (2nd Award) and Bronze Star Medal with "V" Device.

7.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized for wear on the Vietnam Service Medal to denote participation in a named campaign.

8.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 1st Battalion, 327th Infantry, was cited for award of the:

* Presidential Unit Citation for the period 2 through 20 June 1966, by DAGO Number 59, dated 1968
* Valorous Unit Award for the period 17 January through 25 March 1966, by DAGO Number 17, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 through 31 July 1966, by DAGO Number 21, dated 1969

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant two awards of the Purple Heart, the Bronze Star Medal with "V" Device, and the Army Commendation Medal.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  He served in Vietnam during three campaigns; therefore, he is entitled to award of three bronze service stars to be added to already-awarded Vietnam Service Medal and correction to his DD Form 214 to show these service stars.

3.  GO awarded his unit the Presidential Unit Citation, Valorous Unit Award, and Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards. 





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:

* deleting from his DD Form 214 the:

* Purple Heart
* Bronze Star Medal
* Vietnam Service Medal

* adding to this DD Form 214 the:

* Purple Heart (2nd Award)
* Bronze Star Medal with "V" Device
* Army Commendation Medal
* Vietnam Service Medal with three bronze service stars
* Presidential Unit Citation
* Valorous Unit Award
* 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)                                         AR20140012112





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ABCMR Record of Proceedings (cont)                                         AR20140012112



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