IN THE CASE OF:
BOARD DATE: 19 March 2015
DOCKET NUMBER: AR20140013584
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 Sates Report of Transfer or Discharge) to show award of the Purple Heart (PH).
2. The applicant states that he received a letter from his Department of Veterans Affairs (VA) medical file stating he was eligible for award of the PH.
3. The applicant provides his 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 was inducted into the Army of the United States on 17 September 1969. After completing initial entry training, he was awarded military occupational specialty 11B (Light Weapons Infantryman).
3. His DA Form 20 (Enlisted Qualification Record) contains the following pertinent information:
a. Item 31 (Foreign Service) shows he served a tour of duty in Vietnam from 10 March 1970 through 9 March 1971.
b. Item 38 (Record of Assignments) shows that during the period 24 March 1970 to 2 February 1971 he served as a rifleman with Company D, 1st Battalion (Airmobile), 502nd Infantry in Vietnam.
c. Item 41 (Awards and Decorations) shows the following:
* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* Combat Infantryman Badge (CIB)
* PH
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Overseas Service Bars (2)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Second Class Gunner Qualification Badge with Machine Gun Bar
4. Headquarters, 101st Airborne Division (Airmobile), issued the following orders announcing awards given to the applicant:
* Special Orders Number 171, dated 20 June 1970, awarded him the CIB
* Genera Orders (GO) Number 10742, dated 10 September 1970, awarded him the Army Commendation Medal (ARCOM)
* GO Number 12680, dated 21 October 1970, awarded him the PH
* GO Number 90, dated 3 January 1971, awarded him the Bronze Star Medal (BSM)
* GO Number 545, dated 17 January 1971, awarded him the Air Medal (AM)
5. On 2 September 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve. The DD Form 214 issued at that time shows he was awarded or authorized the following:
* NDSM
* RVN Campaign Medal with Device (1960)
* VSM with one bronze service star
6. Army Regulation 600-8-22 (Military Awards) provides for award of the VSM. Appendix B shows the campaigns for Vietnam. During his tour in Vietnam he participated in three campaigns: Vietnam Winter-Spring 1970; DA Sanctuary Counteroffensive; and Vietnam Counteroffensive, Phase VII. This same regulation states that a bronze service star will be awarded for wear on the VSM for participation in each campaign.
7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. It shows the 1st Battalion (Airmobile), 502nd Infantry was awarded the RVN Gallantry Cross with Palm Unit Citation for the period 1 March 1971 through 9 October 1971 by Department of the Army General Orders Number 6, dated 1974.
DISCUSSION AND CONCLUSIONS:
1. Orders awarded him the CIB, ARCOM, PH, BSM and AM. He is entitled to correction of his DD Form 214 to show these awards.
2. Records show he was awarded the VSM and he participated in three campaigns. Therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars for wear on his previously-awarded VSM.
3. He served with the 1st Battalion (Airmobile), 502nd Infantry during the period for which the unit was awarded the RVN Gallantry Cross with Palm Unit Citation. He is entitled to correction of his DD Form 214 to show this unit award.
4. Records show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and Second Class Gunner (now called Marksman) Marksmanship Badge with Machinegun Bar (M-60). He is entitled to correction of his DD Form 214 to show these 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:
a. deleting from his DD Form 214 the VSM with one bronze service star; and
b. adding the following to his DD Form 214:
* CIB
* ARCOM
* PH
* BSM
* AM
* VSM with three bronze service stars
* RVN Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60)
__________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) AR20140013584
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ABCMR Record of Proceedings (cont) AR20140013584
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