IN THE CASE OF:	  

		BOARD DATE:	  28 July 2015

		DOCKET NUMBER:  AR20140020802 


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 (PH) and to include his current address. 

2.  The applicant states he received the orders for the PH after his release from active duty. 

3.  The applicant provides:

* DD Form 256A (Honorable Discharge Certificate)
* DD Form 214
* a copy of his driver’s license
* a letter from U.S. Army Reserve Components Personnel and Administration Center 

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 in to the Army of the United States on                    20 December 1966. The highest rank he held was specialist (SP4)/pay         grade E-4. 

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

a. Item 31 (Foreign Service) he was credited with service in the Republic of Vietnam (RVN) beginning on 3 August 1967.

     b.  Item 38 (Record of Assignments) shows that during the period                      6 August 1967 to 21 February 1968 he served with Headquarters and Headquarters Battery, 54th Artillery Group in the RVN.  

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

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM) 
* Army Good Conduct Medal (AGCM)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

4.  General Order (GO) Number 26, issued by Valley Forge General Hospital, Phoenixville, PA, dated 7 May 1968 awarded him the PH for wounds received in connection with military operations against a hostile fire on 18 February 1968.

5.  He was honorably released from active duty on 19 September 1968 and transferred to the U.S. Army Reserve.  He completed 2 years of total active service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was authorized the following:

* NDSM
* VSM
* AGCM

7.  A review of his record indicates he is entitled to additional awards not listed on his DD Form 214.

8.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the VSM for each credited campaign listed in appendix B.  His service in Vietnam coincided with two campaigns:

* Vietnam Counteroffensive, Phase III (1 June 1967 to 29 January 1968)
* Tet, Counteroffensive, Phase VII (30 January 1968 to 1 April 1968)

9.  Army Regulation 600-8-22 states the RVN 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.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam it shows Headquarters and Headquarters Battery, 54th Artillery Group was cited for award of the:  

* Meritorious Unit Commendation (MUC) for the period 25 January 1968 to 31 August 1969 by Department of the Army (DAGO) 39, dated 1970 
* RVN Civil Actions Honor Medal First Class Unit Citation for the period     10 October 1966 to 24 October 1969 by DAGO 51, dated 1971

11.  Department of the Army General Orders (DAGO) Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the following units:

	a.  Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973.

	b.  Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

12.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.



DISCUSSION AND CONCLUSIONS:

1. GO awarded him the PH.  He is entitled to correction of his DD Form 214 to show this award.  

2.  He was awarded the VSM and he participated in two campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show two bronze service stars for wear on the previously-awarded VSM.

3.  Evidence shows the applicant served a period of qualifying service for award of the RVN Campaign Medal with Device (1960).  Therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  He served in Vietnam during a period for which all U.S. Army units were awarded the RVN Gallantry Cross with Palm Unit Citation.  He also served with Headquarters and Headquarters Battery, 54th Artillery Group during a period for which the unit was awarded the MUC and the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his                 DD Form 214 to show these unit awards.

5.  Records show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is entitled to correction of his          DD Form 214 to show this badge.

6.  With respect to his mailing address, the entry pertaining to the mailing address after separation is provided by the Soldier to the official preparing the DD Form 214.  He would have had to provide the mailing address as shown on his DD Form 214.  Lacking convincing independent and verifiable evidence to the contrary, it is presumed his mailing address was correct at the time and there is no is basis for changing it to his current address.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

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

   a.  deleting the VSM from his DD Form 214; and

	b.  adding to his DD Form 214 the following:

* PH
* MUC
* VSM with two bronze service stars
* RVN Gallantry Cross with Palm Unit Citation 
* RVN Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* RVN Civil Actions Honor Medal with First Class Unit Citation

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting the applicant’s    DD Form 214 to show his current address.  




      _______ _   _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)                                         AR20140020802





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ABCMR Record of Proceedings (cont)                                         AR20140020802



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