IN THE CASE OF:	  

		BOARD DATE:	  23 April 2015

		DOCKET NUMBER:  AR20140015478 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his second award of the Purple Heart (Purple Heart 1OLC) and his award of the Bronze Star Medal with “V” Device (BSM w/"V" Device).

2.  The applicant states that his awards of the Purple Heart 1OLC and BSM w/"V" Device are not reflected on his DD Form 214. 

3.  The applicant provides copies of his DD Form 214, a copy of a newspaper article indicating his second wound, his first Purple Heart certificate, and orders awarding him the BSM w/"V" Device.

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 on 17 March 1964.  He completed his one-station unit training at Fort Polk, Louisiana and was transferred to Fort Benning, Georgia for assignment to Company B, 1st Battalion, 7th Cavalry Regiment, 1st Cavalry Division (Airmobile).

3.  On 16 August 1965, he was transferred to Vietnam with his unit and on 25 October 1965, he was awarded the Combat Infantryman Badge.  He was wounded on 14 November 1965 (fragment wounds to the shoulder) and was awarded the Purple Heart on 17 November 1965.  He was again wounded on 16 November 1965; however, there is no evidence of his being awarded the Purple Heart 1OLC.  It is noted that the Vietnam Casualty Listing shows two entries indicating the applicant was a battle casualty.

4.  The applicant participated in two campaigns and departed Vietnam on 21 February 1966.  He was transferred to William Beaumont General Hospital in El Paso, Texas where he remained until he was honorably released from active duty (REFRAD) on 14 April 1966.  He had served 2 years and 28 days of active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the Purple Heart, Vietnam Service Medal, and Combat Infantryman Badge.

5.  A review of his records shows that the applicant had “excellent” conduct and efficiency ratings throughout his service, and his records are void of derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).  His records also contain General Orders Number 1289 issued by Headquarters, 1st Cavalry Division on 1 May 1966 awarding him the BSM w/"V" Device for heroism on 14 November 1965.  That order also notes that the applicant was wounded.

6.  The newspaper article provided by the applicant indicates that he was wounded a second time in the right arm and shows a picture of him in a hospital bed being awarded the Purple Heart.

7.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

8.  Army Regulation 600-8-22 (Military Awards) 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.  Also eligible for this award are individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than six months of service but:

* were wounded as a result of hostile action 
* were captured by hostile forces but later escaped or were rescued or released
* were killed in action or otherwise in line of duty

9.  Army Regulation 600-8-22 states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

10.  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 that the applicant's unit was awarded the Presidential Unit Citation (PUC) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit. 

DISCUSSION AND CONCLUSIONS:

1.  Although there are no orders present in the available records to show that the applicant was awarded a second award of the Purple Heart, the fact that the applicant has a photograph and newspaper article announcing his second award of the Purple Heart and the fact that his name is reflected twice on the Vietnam Casualty Listing, it is reasonable to presume that he was in fact awarded the Purple Heart 1OLC and it should be added to his DD Form 214.

2.  The applicant was also awarded the BSM w/"V" Device by general orders and is entitled to have that award added to his DD Form 214.

3.  Records show the applicant received all "excellent" conduct and efficiency ratings throughout his service.  His records do not contain any derogatory information or a commander's disqualification that would have precluded him from being recommended for or awarded the AGCM (1st Award).  Therefore, he should be awarded the AGCM (1st Award) for the period 17 March 1964 through 14 April 1966 and his DD Form 214 should be corrected to show this award.

4.  The applicant’s unit in Vietnam was cited for awards of the PUC and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

5.  The applicant served during a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960).  Accordingly, it should be added to his DD Form 214.

6.  Additionally, the applicant served in two campaigns and is entitled to wear two bronze service stars on his already awarded Vietnam Service Medal.

BOARD VOTE:

___x____  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* awarding the applicant the AGCM (1st Award) for the period 17 March 1964 through 14 April 1966 
* deleting the awards of the Purple Heart and Vietnam Service Medal from his DD Form 214
* adding to his DD Form 214 the AGCM (1st Award), Vietnam Service Medal with two bronze service stars, Purple Heart 1OLC, BSM w/"V" Device, Republic of Vietnam Campaign Medal with Device (1960), PUC and Republic of Vietnam Gallantry Cross with Palm Unit Citation







2.  The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated. 
The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _   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)                                         AR20140015478



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ABCMR Record of Proceedings (cont)                                         AR20140015478



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