IN THE CASE OF:
BOARD DATE: 1 September 2015
DOCKET NUMBER: AR20150001198
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 in General Orders (GO) Number 81, dated 23 July 1970.
3. The applicant provides his DD Form 214 and orders.
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 into the Army of The United States on 6 March 1969 and he held military occupational specialty 11D (Armor Reconnaissance Specialist). He served in Vietnam from 3 August 1969 to 2 August 1970 while assigned to A Troop, 1st Squadron, 11th Armored Cavalry Regiment.
3. His record contains a Western Union Telefax, dated 12 June 1970, notifying his parents that he had been wounded in action on 12 June 1970.
4. He provides GO Number 81, dated 23 July 1970, issued by Headquarters, 11th Armored Cavalry Regiment, awarding him the Purple Heart for wounds received in action on 12 June 1970.
5. He was honorably released from active duty on 5 March 1971 and he was transferred to the U.S. Army Reserve. The DD Form 214 he was issued shows he was awarded or authorized the:
* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Vietnam Campaign Medal with (1960) Device
* Combat Infantryman Badge
* Army Commendation Medal
* two overseas service bars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
6. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows award of the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) and Expert Marksmanship Qualification Badge with Hand Grenade Bar.
7. Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. A review of his record shows that during his service in Vietnam he participated in four campaigns.
8. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows A Troop, 1st Squadron, 11th Armored Cavalry, was cited for award of the:
* Valorous Unit Award for the period 1 May through 29 June 1970, by DAGO Number 43, dated 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 May 1969 through 15 February 1970, by DAGO Number 50, dated 1971
DISCUSSION AND CONCLUSIONS:
1. GO awarded the applicant the Purple Heart which is not shown on his DD Form 214. Therefore, it would be appropriate to correct his DD Form 214 to show this award.
2. His record confirms he participated in four campaigns during his service in Vietnam. Therefore, he is entitled to two additional bronze service stars for wear on his already-awarded Vietnam Service Medal and his DD Form 214 should be corrected accordingly.
3. GO awarded his unit in Vietnam the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit. Therefore, it would be appropriate to correct his DD Form 214 to show these unit awards.
4. His DA Form 20 confirms he was awarded the Expert Marksmanship Qualification Badge with Machine Gun Bar and Expert Marksmanship Qualification Badge with Grenade Bar; therefore, 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 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 amending his DD Form 214 by:
* deleting the Vietnam Service Medal with two bronze service stars
* adding the:
* Purple Heart
* Vietnam Service Medal with four bronze service stars
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Machine Gun Bar
* Expert Marksmanship Qualification Badge with Grenade Bar
_______ _ _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.
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