IN THE CASE OF:
BOARD DATE: 21 April 2015
DOCKET NUMBER: AR20140014230
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 Purple Heart (PH) and to show he was placed on the Permanent Disability Retired List (PDRL) vice the Temporary Disability Retired List (TDRL).
2. He states he was awarded a PH on 12 May 1970 and was permanently retired in June 1972.
3. He provides:
* PH Certificate
* General Order Number 111 dated 12 May 1970
* Letter Orders Number D 6-893 dated 19 June 1972
* 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. On 13 June 1969, he enlisted in the Regular Army (RA). He completed initial entry training and he was awarded military occupational specialty 11E (Armor Crewman).
3. On 23 November 1970, he was honorably retired and placed on the TDRL. His DD Form 214 shows in:
* Item 12 (Last Duty Assignment and Major Command) B Troop, 3rd Squadron, 4th Cavalry, 25th Infantry Division
* item 22c (Foreign and/or Sea Service) 4 months and 5 days
* item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized)
* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Republic of Vietnam (RVN) Campaign Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
4. The applicant service in the RVN from 11 January 1970 through 15 May 1970, and participated in two campaigns.
5. On 12 May 1970, Headquarters, 3rd Division, Field Hospital issued General Orders Number 111 awarding him the PH for a wound he incurred on
10 May 1970. These orders show he was assigned to B Troop, 3rd Squadron, 4th Cavalry, 25th Infantry Division at the time.
6. He provides Letter Orders Number D 6-893 showing he was removed from the TDRL and placed on the PDRL on 1 July 1972.
7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the RVN. This pamphlet shows B Troop, 3rd Squadron, 4th Cavalry, 25th Infantry Division, was cited for:
* The RVN Gallantry Cross with Palm Unit Citation for the period
1 May 1970 to 30 June 1970 by Department of the Army General Order Number 55, dated 1971.
* Valorous Unit Award (VUA) for the period 1 May 1970 to 29 June 1970 by Department of the Army General Order Number 43, dated 1972.
8. Army Regulation 600-8-22 (Military Awards) states that a bronze service star will be awarded for wear on the VSM for participation in each campaign.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows orders announced award of the PH to the applicant for wounds he incurred on 10 May 1970 in RVN. He is entitled to correction of his DD Form 214 for the period ending 23 November 1970 to show this award.
2. The applicant served in the RVN during a period for which his unit was awarded the RVN Gallantry Cross with Palm Unit Citation and the VUA. Therefore, he is entitled to correction of his DD Form 214 to show these awards.
3. The applicant was awarded the VSM. Additionally, records show the applicant participated in two campaigns while serving in the RVN. Therefore, he is entitled to award of two bronze service stars to be affixed to the previously awarded VSM.
4. The applicant was medically retired and placed on the TDRL on
23 November 1970. It was not until 1 July 1972 that he was placed on the PDRL. At the time of his retirement his DD Form 214 was correct; therefore, there is no reason to change his record now.
BOARD VOTE:
_________ ________ _______ GRANT FULL RELIEF
___x___ ___x_____ ___x____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his DD Form 214 the:
* PH
* VUA
* RVN Gallantry Cross with Palm Unit Citation
* VSM with two Bronze Service Stars
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to changing his DD Form 214 to show he was on the PDRL at the time of his retirement.
_______ _ 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) AR20130017382
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ABCMR Record of Proceedings (cont) AR20140014230
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