BOARD DATE: 25 August 2015
DOCKET NUMBER: AR20150000977
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 on 19 March 1968, but it was omitted from his DD Form 214.
3. The applicant provides a Purple Heart Certificate, dated 19 March 1968.
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 23 March 1967.
3. His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 17 December 1967 through 10 December 1968 where he was assigned as a cook to Battery B, 1st Howitzer Battalion, 321st Artillery Regiment, 101st Air Cavalry Division. He participated in five campaigns.
4. His records contain:
* Headquarters, 85th Evacuation Hospital (Semi-Mobile), General Order Number 35, dated 20 March 1968, awarding him the Purple Heart for wounds received in action on 15 March 1968
* Headquarters, 101st Airborne Division, General Orders Number 6541, dated 26 September 1968, awarding him the Army Commendation Medal
* Headquarters, 82d Airborne Division, Special Orders Number 150, dated 14 June 1969, awarding him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
5. He was honorably released from active duty on 10 August 1970 after completing 3 years of active duty service. His DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Parachutist Badge
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Bronze Star Medal
6. Army Regulation 600-8-22 (Military Awards) provides that a bronze service star is authorized with the Vietnam Service Medal for participation in each credited campaign. One silver service star is awarded in lieu of five bronze service stars.
7. 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 1st Battalion, 321st Artillery Regiment, was awarded the:
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 April 1968 through 15 August 1968 by Department of the Army General Orders Number 21, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 15 August 1968 through 14 May 1969 by Department of the Army General Orders Number 43, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 through 2 May 1970 by Department of the Army General Orders Number 48, dated 1971
DISCUSSION AND CONCLUSIONS:
1. The applicant's records contain orders awarding him the Purple Heart, Army Commendation Medal, and Expert Marksmanship Qualification Badge with Rifle Bar. Therefore, he is entitled to correction of his DD Form 214 to show these awards and badge.
2. He was awarded the Vietnam Service Medal and participated in five campaigns. Therefore, his DD Form 214 should be corrected to show one silver service star with his already-awarded Vietnam Service Medal.
3. General Orders awarded the unit to which the applicant was assigned in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation on two occasions, the dates of which do not overlap, as well as the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, his DD Form 214 should be corrected to show these three unit awards.
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 adding the following awards to his DD Form 214:
* Purple Heart
* Army Commendation Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* one silver service star with his already-awarded Vietnam Service Medal
__________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) AR20150000977
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