IN THE CASE OF:	  

		BOARD DATE:	  16 June 2015

		DOCKET NUMBER:  AR20140017988 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect award of the Army Commendation Medal (ARCOM) with "V" Device and the               Purple Heart (PH) (3rd Award).

2.  The applicant states he did not receive these medals nor are they reflected on his DD Form 214.  He earned the medals and they should be documented on his DD Form 214.    

3.  The applicant provides:

* DD Form 214
* Certificate and Citation for the ARCOM with "V" Device 
* Certificates for the PH, PH (2nd Award) and the PH (3rd Award)

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 17 October 1968.  He completed basic combat and advanced individual training and was awarded military occupational specialty 13B (Field Artillery Crewman).  

3.  His DA Form 20 (Enlisted Qualification Record) contains the following pertinent information:

	a.  Item 31 (Foreign Service) shows he served a tour of duty in the Republic of Vietnam (RVN) beginning on 18 April 1969.

	b.  Item 38 (Record of Assignments) shows that during the period                    30 April 1969 to 17 May 1970 he served with C Battery, 5th Battalion, 22nd Artillery in the RVN.

      c.  Item 41(Awards and Decorations) shows the following:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM) 
* RVN Campaign Medal with Device (1960)
* Overseas Service Bar (2) 
* PH (2nd Award)
* Army Good Conduct Medal (AGCM) (1st Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 

4.  General Orders (GO) Number 1035, issued by Headquarters, I Field Force Vietnam Artillery, dated 19 November 1969 shows he was awarded the PH for wounds sustained as a result of hostile action on 4 November 1969.

5.  GO Number 1037 Number 1037, issued by Headquarters, I Field Force Vietnam Artillery, dated 19 November 1969 shows he was awarded the PH for wounds sustained as a result of hostile fire on 6 November 1969.

6.  GO Number 327, issued by Headquarters, I Field Force Vietnam Artillery, dated 24 March 1970 shows he was awarded the Soldier’s Medal for heroism.
 
7.  On 20 May 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve.  He completed 1 year, 7 months, and 4 days of total active service.  The DD Form 214 he was issued at the time shows he was awarded or authorized the:
* NDSM 
* VSM
* AGCM (1st Award) 
* PH (2nd Award)
* RVN Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16)
* Overseas Service Bar (2)

8. His records do not contain orders awarding him the PH (3rd Award) or the ARCOM with "V" Device.

9.  He provided a PH Certificate that shows he was wounded in action on          11 August 1969.  

10.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing shows the applicant's name listed as a casualty on 11 August 1969 under casualty status code "24."  This casualty code refers to "hostile wounded in action, not serious, not hospitalized."

11.  He submits:

     a.  An ARCOM with "V" Device Certificate, dated 14 November 1969 which indicates he was awarded the ARCOM with "V" Device for heroism in the RVN during the period 4 November 1969 to 7 November 1969.

     c.  An ARCOM with "V" Device Citation which indicates he was awarded the ARCOM with "V" Device for distinguishing himself by exceptional heroism in the  RVN during the period 4 November 1969 to 7 November 1969.  He was the first member of his section to prepare for action.  Without regard to his own life his prompt action allowed the delivery of counter mortar fire to begin with little delay.  He also assisted his crew in preparing rounds for delivery.  In two instances he was wounded while assisting in the accelerated preparation of rounds.   
 
12.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states:

     a.  The ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

     b.  A bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  Appendix B of the regulation lists campaigns.  His service in Vietnam coincided with four campaigns:  

* Tet 69 Counteroffensive (23 February 1969 – 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)

13.  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 5th Battalion, 22nd Artillery was cited for the following awards:

* Meritorious Unit Commendation (MUC) for the period 24 December 1967 through 30 April 1969 by Department of the Army General Orders (DAGO) Number 39, dated 1970
* RVN Gallantry Cross with Palm Unit Citation for the period 1 August 1965 through 16 April 1971 by DAGO 54, dated 1974

DISCUSSION AND CONCLUSIONS:

1.  The applicant provided a PH (3rd Award) Certificate that shows he was wounded in action in Vietnam on 11 August 1969.  The Vietnam casualty listing shows he was reported as a casualty on 11 August 1969 and that he was wounded without requiring hospitalization.  Therefore, his DD Form 214 should be corrected to show award of the PH (3rd Award).

2.  GO awarded him the Soldier’s Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award.  

3.  Records show he participated in four campaigns during his service in the RVN.  Therefore, he is entitled to four bronze service stars for his already-awarded VSM.

4.  He provides an ARCOM with "V" Device Certificate and Citation indicating he was awarded the ARCOM with "V" Device.  Although orders are normally required to verify award of the ARCOM, in this case, two awards of the PH corroborate the information provided in his ARCOM citation.  The preponderance of evidence is sufficient to establish that he received this award.  Therefore, he is entitled to have his record corrected to show this award.

5.  He served with C Battery, 5th Battalion, 22nd Artillery during a period for which the unit was awarded the MUC and the RVN Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 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 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:

	a.  deleting from his DD Form 214 the VSM and the PH (2nd Award) and 

	b.  adding to his DD Form 214 the:

* Soldier’s Medal
* PH (3rd Award)
* Vietnam Service Medal with four bronze service stars
* RVN Gallantry Cross with Palm Unit Citation
* MUC
* ARCOM with "V" Device



      _______ _   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)                                         AR20140017988



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ABCMR Record of Proceedings (cont)                                         AR20140017988



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