IN THE CASE OF:  	  

		BOARD DATE:  16 April 2015	  

		DOCKET NUMBER:  AR20140014457 


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
* Bronze Star Medal with "V" Device
* Army Commendation Medal with 1 gold star (i.e., 2nd Award) with "V" Device

2.  The applicant states, in effect, the above awards are not listed on his DD Form 214. 

3.  The applicant provides his DD Form 214, two orders, and four award certificates.

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 August 1969 and he held military occupational specialty 91B (Medical Specialist).  He served in Vietnam from 29 January 1970 to 21 March 1971 while assigned to Headquarters and Headquarters Troop, 2nd Squadron, 11th Armored Cavalry Regiment.

3.  He provides and his record contains the following General Orders (GO), issued by Headquarters (HQ), II Field Force Vietnam:

* GO Number 2140, dated 28 May 1970, awarding him the Army Commendation Medal with "V" Device for heroism on 21 February 1970
* GO Number 2984, dated 20 July 1970, awarding him the Bronze Star Medal with "V" Device for heroism on 13 April 1970

4.  His record contains:

* GO Number 121, dated 24 November 1970, issued by HQ, 11th Armored Cavalry Regiment, awarding him the Purple Heart for wounds received on 16 October 1970
* GO Number 10, dated 2 January 1971, issued by HQ, II Field Force Vietnam, awarding him the Army Commendation Medal for meritorious service from March 1970 to March 1971
* GO Number 9, dated 6 March 1971, issued by HQ, 11th Armored Cavalry Regiment, awarding him the Army Good Conduct Medal (1st Award)

5.  He was honorably released from active duty on 22 March 1971 and he was transferred to the U. S. Army Reserve.  The DD Form 214 he was issued shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal

6.  Item 29 (Qualification in Arms) of his DA Form 20 (Enlisted Qualification Record) shows he qualified as expert with the M-14 Rifle and as marksman with the M-16 Rifle.



7.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A review of his records shows that during his service in Vietnam he participated in three campaigns.

8.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 2nd Squadron, 11th Armored Cavalry was cited for award of the: 

* Valorous Unit Award for the period 1 May through 29 June 1970, by DAGO Number 43, dated 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 May 1969 through 15 February 1970, by DAGO Number 50, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Bronze Star Medal with "V" Device, Purple Heart, Army Commendation Medal (2nd Award) with "V" Device, and the Army Good Conduct Medal (1st Award).  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  His record confirms he participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.

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

4.  His record shows he qualified as expert with the M-14 Rifle and marksman with the M-16 Rifle; therefore, it would be appropriate to correct his DD Form 214 to show the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).





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 amending his DD Form 214 by deleting the Vietnam Service Medal and adding the:

* Bronze Star Medal with "V" Device
* Purple Heart 
* Army Commendation Medal (2nd Award) with "V" Device
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 3 bronze service stars
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)



      _______ _   _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)                                         AR20140014457



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ABCMR Record of Proceedings (cont)                                         AR20140014457



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