IN THE CASE OF:
BOARD DATE: 30 April 2015
DOCKET NUMBER: AR20140014828
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) to show award of the Purple Heart.
2. The applicant states:
* the Purple Heart is not listed on his DD Form 214
* he was discharged on temporary records
3. The applicant provides:
* Purple Heart 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 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 enlisted in the Regular Army on 13 January 1966 for 3 years. On 15 February 1967, he was honorably discharged for immediate reenlistment. He reenlisted on 16 February 1967 for 3 years. He arrived in Vietnam on 16 May 1967. He served as a combat engineer assigned to Company A, 86th Engineer Battalion, in Vietnam from 22 May 1967 to 10 May 1968.
3. Headquarters, 20th Engineer Brigade, General Orders Number 164, dated 4 December 1967, awarded him the Purple Heart for wounds received in action in the Republic of Vietnam on 13 November 1967.
4. Records show he participated in four campaigns during his assignment in Vietnam.
5. On 16 October 1969, he was discharged under honorable conditions.
6. His DD Form 214 shows the National Defense Service Medal as an authorized award. His DD Form 214 also shows he was separated on temporary records.
7. Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal was 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. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. A bronze service star is authorized with the Vietnam Service Medal for each credited campaign.
8. Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more.
9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the 86th Engineer Battalion was cited for award of the:
* Meritorious Unit Commendation for actions during the period 1 May 1967 to 31 July 1968 in Department of the Army General Orders (DAGO) 17, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period 26 September to 21 October 1967 in DAGO 43, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for actions during the periods 3 August to 25 September 1967 and 22 October 1967 to 15 August 1969 in DAGO 43, dated 1970
DISCUSSION AND CONCLUSIONS:
1. Orders show the applicant was awarded the Purple Heart for wounds received in action on 13 November 1967 in Vietnam. Therefore, his DD Form 214 should be corrected to show this award.
2. Based on his service in Vietnam, he is authorized award of the Vietnam Service Medal with four bronze service stars and the Republic of Vietnam Campaign Medal with Device (1960). Therefore, his DD Form 214 should be corrected to show these awards.
3. His Vietnam unit was cited for award of the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two Republic of Vietnam Civil Actions Honor Medal First Class Unit Citations during his period of assignment. His DD Form 214 should be corrected 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 the evidence presented is 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 adding the following awards to his DD Form 214:
* Purple Heart
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award)
_______ _ _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) AR20140014828
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ABCMR Record of Proceedings (cont) AR20140014828
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