IN THE CASE OF:	 

		BOARD DATE:	 11 June 2015 

		DOCKET NUMBER:  AR20140017135 


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 Transfer or Discharge) to show that he was in Vietnam until 4 November 1969 and that he was awarded the Purple Heart.

2.  The applicant states his DD Form 214 should be right.

3.  The applicant provides a copy of 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 and entered active duty on 20 May 1968.  He completed training as an infantryman and was transferred to Vietnam.

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service) – “From 5 Nov 68 through 4 Nov 69 USARPAC Vietnam”;

   b.  item 36 (Record of Assignments) – service in Vietnam with A Troop, 1st Squadron, 4th Cavalry, 1st Infantry Division from 14 November 1968 to 31 October 1969;  

	c.  in item 40 (Wounds) – “FRAG WD (L) UPPER ARM (WHA)   31Dec68”; and 

	d.  in item 42 (Awards and Decorations) –

* National Defense Service Medal
* Purple Heart 
* Combat Infantryman Badge

4.  93rd Evacuation Hospital, General Orders Number 1 of 1969 awarded the applicant the Purple Heart for wounds received in action on 31 December 1968.

5.  After returning to the United States and serving at Fort Rucker Alabama, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve in pay grade E-3.  His DD Form 214 lists abbreviations for all of his authorized awards including the – 

* Vietnam Service Medal (VSM)
* Purple Heart (PH)
* Combat Infantryman Badge (CIB) 
* Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar (Marksman (M-14))
* Expert Marksmanship Qualification Badge with Rifle (M-16) Bar (Expert (M-16))

6.  Item 30 (Remarks) of his DD Form 214 carries the entry “Inclusive dates of service in Vietnam during current period of service: 5 Nov 68 – 4 Nov 68” (emphasis added.

7.  The applicant is authorized other awards as follows:

	a.  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.  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 worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign; including, these four campaigns that coincide with the applicant’s tour of duty – Vietnam Counteroffensive Phase VI from 2 November 1968 through 22 February 1969, the Tet 69/Counteroffensive from 23 February through 8 June 1969, the Vietnam Summer - Fall 1969 from 9 June through 31 October 1969 and the Vietnam Winter - Spring 1970 from 1 November 1969 through - 30 April 1970

* the Republic of Vietnam Campaign (RVN) 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

b.  Army Pamphlet 672-3 (Unit Citation and Campaign Credit Register) shows 
that 1st Squadron (less C Troop), 4th Cavalry was awarded the RVN Civil Actions Honor Medal First Class and the RVN Gallantry Cross with Palm for periods that coincide with his service in the unit.

   c.  Army School and Training Center, Fort McClellan, Alabama Special Orders Number 232, dated 23 November 1968 awarded him the Expert Marksmanship Qualification Badge with Automatic Rifle Bar.

8.  Army Regulation 635-5 (Separation Documents) provides the guidance for preparation of the DD Form 214.  It precludes the use of abbreviations when completing the awards block.

DISCUSSION AND CONCLUSIONS:

1.  The item 30 (Remarks) entry on the applicant’s DD Form 214 is an obvious typographical error.  It should read “5 Nov 68 – 4 Nov 69” emphasis added.

2.  The applicant’s DD Form 214 presently lists his Purple Heart as an authorized award by showing the abbreviation “PH”; however abbreviations are not currently used and the entry should be changed accordingly.



3.  He is authorized other awards including:

	a.  four bronze service stars for wear on the Vietnam Service Medal; 

	b.  the RVN Campaign Medal with Device (1960); 

	c.  RVN Gallantry Cross with Palm Unit Citation;

	d.  RVN Civil Actions Honor Medal First Class Unit Citation; and 

	e.  the Expert Marksmanship Qualification Medal with Automatic Rifle Bar.

3.  The applicant’s records should be corrected as recommended below.

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 changing his 21 May 1970 DD Form 214 by:

	a.  deleting the authorized awards currently shown in item 24;

	b.  entering the following authorized awards in item 24 – 

* Purple Heart
* Vietnam Service Medal with four bronze service stars
* RVN Campaign Medal with Device (1960)
* RVN Gallantry Cross with Palm Unit Citation 
* RVN Civil Actions Honor Medal First Class Unit Citation
* Combat Infantryman Badge 


* Expert Marksmanship Qualification Badge with Rifle (M-16) and Automatic Rifle Bars
* Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar

   c.  Item 30 (Remarks) should be modified by replacing the entry “Inclusive dates of service in Vietnam during current period of service: 5 Nov 68 – 4 Nov 68” with the entry “Inclusive dates of service in Vietnam during current period of service: 5 Nov 68 – 4 Nov 69”.

      _______ _   _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)                                         AR20140017135





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ABCMR Record of Proceedings (cont)                                         AR20140017135



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