IN THE CASE OF:  	  

		BOARD DATE:  	    21 July 2015

		DOCKET NUMBER:  AR20140021550


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 show the: 

* Purple Heart 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor First Class Unit Citation 
* Valorous Unit Award
* Republic of Vietnam Wound Medal 

2.  The applicant states, in effect, it is common knowledge that during the Vietnam era mistakes were often made and Soldiers' records were not properly annotated for a variety of reasons.  He also states his unit was in direct support of the 3rd Battalion (Airborne), 506th Infantry and he should be entitled to those unit award(s) as well.   

3.  The applicant provides the following as evidence:

* two copies of his DD Form 214
* a two-page self-authored account of his Purple Heart incident
* a one-page document with subject:  Missing Decorations and Awards listed on DD Form 214
* a two-page lessons learned document, dated 13 March 1968
* a one-page after action report document from Headquarters, 3rd Battalion (Airborne), 506th Infantry
* a Purple Heart Certificate
* a document that supposedly depicts that the applicant was wounded in the Republic of Vietnam
* a two-page lessons learned document, dated 14 February 1969

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's records show he had prior enlisted service and attended Officer Candidate School at Fort Sill, Oklahoma.  On 21 March 1967, he was appointed as a commissioned officer in the U.S. Army Reserve in the rank of second lieutenant and ordered to active duty.  He was awarded specialty 1193 (Field Artillery Unit Commander).  

3.  His record reveals he served in the Republic of Vietnam from 19 January 1968 to 14 January 1969.  He was assigned to Headquarters and Headquarters Battery (HHB), 2nd Battalion, 320th Artillery, 101st Airborne Division (25 January 1968 to 13 January 1969).

4.  On 20 March 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve.  His DD Form 214 shows he was awarded the: 

* National Defense Service Medal
* Army Good Conduct Medal (1st Award)
* Parachute Badge
* Republic of Vietnam Service Medal
* Republic of Vietnam Campaign Medal w/Device
* two overseas service bars

5.  A review of his records reveals General Orders Number 9484 issued by Headquarters, 101st Airborne Division, dated 16 November 1968, awarded him the Purple Heart for wounds received in action in the Republic of Vietnam on 7 November 1968. 

6.  There is no indication in his available record that shows he was assigned or attached to the 3rd Battalion (Airborne), 506th Infantry.  He provides documentation that shows his unit was in direct support of this unit.  He also provides documentation that depicts his service in the Republic of Vietnam as well as his Purple Heart Certificate. 

7.  An internet search revealed that the Republic of Vietnam Wound Medal was a military decoration of South Vietnam first created in 1953.  The decoration was the South Vietnamese equivalent of the U.S. military Purple Heart.  It was awarded by the South Vietnamese military and seldom bestowed upon members of allied militaries (such as the U.S. military) and then only if the allied Soldier in question was attached and under the direct command of a South Vietnamese unit.  The medal became obsolete in 1975.    

8.  His record indicates he is entitled to additional awards that are not shown on his DD Form 214.

9.  A review of his record reveals General Orders Number 624 issued by Headquarters, 101st Airborne Division, dated 20 January 1969, awarded him the Bronze Star Medal for meritorious service in the Republic of Vietnam for the period of 1 April 1968 to 30 November 1968.  

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 the unit to which the applicant was assigned was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period of 19 July 1968 through 14 May 1969, by Department of the Army General Orders (DAGO) Number 51, dated 1971; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 through 2 May 1970, by DAGO Number 48, dated 1971.   

11.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star is worn instead of five bronze service stars.  Table B-1 shows during his service in Vietnam, campaign participation credit was awarded for the following five campaigns: 

* Vietnam Counteroffensive, Phase III, 1 June 1967 – 29 January 1968
* TET Counteroffensive, 30 January 1968 – 1 April 1968
* Vietnam Counteroffensive, Phase IV, 2 April 1968 – 30 June 1968
* Vietnam Counteroffensive, Phase V, 1 July 1968 – 1 November 1968
* Vietnam Counteroffensive, Phase VI, 2 November 1968 – 22 February 1969

12.  Army Regulation 600-8-22, chapter 7, contains regulatory guidance on unit awards.  It states, in pertinent part, that all unit awards, e.g., the Valorous Unit Award, approved at Headquarters, Department of the Army will be announced and confirmed in DAGOs.  Only the units assigned and attached, actually present and participating in the action, will be authorized the award.  Those individuals in those units at the time of the action are then authorized the award.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions and supporting documentation have been carefully reviewed and considered.

2.  General Orders Number 9484 awarded him the Purple Heart.  This award is not on his DD Form 214; therefore, it would be appropriate to correct his DD Form 214 to show this award.   

3.  General Orders Number 624 awarded him the Bronze Star Medal.  This award is not on his DD Form 214; therefore, it would be appropriate to correct his DD Form 214 to show this award. 

4.  The evidence of record shows the applicant was assigned to the 2nd Battalion, 320th Artillery, 101st Airborne Division during his service in the Republic of Vietnam.  General orders awarded these units the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the time he served in the unit.  Therefore, it would be appropriate to correct his DD Form 214 and show these unit awards.

5.  The applicant contends he is entitled for award of the Republic of Vietnam Wound Medal.  The award is only given to allied Soldiers in question who were attached and under the direct command of a South Vietnamese unit when they were wounded in combat.  His records don’t indicate he was attached and under the direct command of a South Vietnamese unit so his contention is without merit.

6.  He also contends he is entitled for a Valorous Unit Award given to the           3d Battalion (Airborne), 506th Infantry for their service in the Republic of Vietnam.  However, in accordance with applicable regulatory guidance, a Soldier can only receive the award if he is assigned to a unit and that unit must be assigned or attached to the unit that is being recognized and confirmed in a DAGO for the award.  The applicant's record reveals he was not assigned or attached but only in direct support, which he confirms, to the 3rd Battalion (Airborne), 506th Infantry.  Therefore, his contention is without merit.    

7.  He participated in five campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to one silver service star for wear on his previously-awarded Vietnam Service Medal and to correction of his DD Form 214 to show this silver service star. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  __X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 amending his DD Form 214 by deleting the Republic of Vietnam Service Medal and adding the:
   
* Purple Heart
* Bronze Star Medal
* Vietnam Service Medal with one silver service star 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal 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 applicant's request that pertains to correcting his         DD Form 214 to show the Republic of Vietnam Wound Medal and a Valorous Unit Award.    



      ___________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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20140021550



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