IN THE CASE OF:	  

		BOARD DATE:	  23 June 2015

		DOCKET NUMBER:  AR20140019570 


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 award of the Purple Heart.

2.  The applicant states:

* he was awarded the Purple Heart 3 days after he was wounded and it was not added to his DD Form 214
* he was wounded in combat defending this nation

3.  The applicant provides:

* Purple Heart Certificate
* Western Union Telegram

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 12 November 1968.

3.  Headquarters, 2d Advanced Individual Training Brigade, Special Orders Number 61, dated 24 March 1969, awarded him the Second Class Gunner Badge (now known as Marksman Marksmanship Qualification Badge) with Machine Gun Bar (M-60).

4.  Headquarters, 3d Basic Combat Training Brigade, Special Orders Number 2, dated 4 January 1960, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

5.  He served in Vietnam during the period 24 April 1969 through 26 July 1969 and he participated in two campaigns.  While serving in Vietnam, he was assigned to Company C, 2d Battalion, 506th Infantry Regiment, 101st Airborne Division.

6.  Headquarters, 3d Armored Cavalry Regiment, Special Orders Number 22, dated 23 January 1970, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

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

* item 40 (Wounds) – multiple fragment wounds left leg, left foot, and back
* item 41 (Awards and Decorations) –

* National Defense Service Medal
* Vietnam Service Medal
* "MCAFL GC/WP"
* Combat Infantryman Badge
* Second Class Gunner Badge with Machine Gun Bar (M-60)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

8.  On 5 October 1970, he was honorably released from active duty.  His DD Form 214 for shows he was awarded or authorized the:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Vietnam Service Medal
* "MCAFL"
* Combat Infantryman Badge

9.  The applicant provided the following documents in support of his application.

	a.  A Western Union Telegram, dated 13 July 1969, shows his parents were notified he was slightly wounded in action in Vietnam on 11 July 1969 by fragments while on a combat operation.

	b.  His Purple Heart Certificate issued by the Commander, 85th Evacuation Hospital (Semi-mobile), shows he was awarded the Purple Heart for wounds received in action on 11 July 1969 in the Republic of Vietnam.

10.  His records contain a message from the Commanding General, U.S. Army Vietnam, dated 13 July 1969, that shows he was hospitalized at the 85th Evacuation Hospital for multiple fragment wounds to his left leg, left foot, and back incurred on 11 July 1969 while on combat operations and while engaged with hostile forces in a firefight.

11.  His records are void of and he failed to provide orders awarding him the Purple Heart.

12.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  A bronze service star is authorized for wear on the Vietnam Service Medal for participation in each credited campaign.

	b.  The marksmanship qualification badges are awarded in three classes:  Expert, Sharpshooter, and Marksman.  An award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.

	c.  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.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than 6 months of service but were wounded as a result of hostile action are also entitled to award of the Republic of Vietnam Campaign Medal with Device (1960).

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 the 2d Battalion, 506th Infantry Regiment, was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 April 1968 to 14 May 1969 by Department of the Army General Orders (DAGO) Number 43, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 3 October 1968 through 2 May 1970 by DAGO Number 48, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was assigned to the 85th Evacuation Hospital as a patient on 11 July 1969 after incurring multiple fragment wounds to his left leg, left foot, and back while engaged with hostile forces in Vietnam.

2.  Although his records are void of and he failed to provide orders awarding him the Purple Heart, sufficient evidence has been presented showing he was awarded the Purple Heart by the Commander, 85th Evacuation Hospital.  His DD Form 214 should be corrected to show award of the Purple Heart.

3.  He participated in two campaigns during his service in Vietnam.  His DD Form 214 should be corrected to show two bronze service stars with his previously-awarded Vietnam Service Medal.

4.  Although the applicant served less than 6 months in Vietnam, the wounds he incurred as a result of hostile action and award of the Vietnam Service Medal qualified him for award of the Republic of Vietnam Campaign Medal with Device (1960).  His DD Form 214 should be corrected to show this award.

5.  DAGO awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to the unit to which he was assigned in Vietnam.  His DD Form 214 should be corrected to show these unit awards.

6.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60).  His DD Form 214 should be corrected to show these badges.

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:

* deleting the Vietnam Service Medal from his DD Form 214
* adding the following awards to his DD Form 214 –

* Purple Heart
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60)



      _______ _   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)                                         AR20140019570



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ABCMR Record of Proceedings (cont)                                         AR20140019570



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