BOARD DATE:	  20 August 2015

		DOCKET NUMBER:  AR20150001768 


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 all awards to which he is entitled.

2.  The applicant states his earned awards were not listed on his DD Form 214.

3.  The applicant provides:

* Purple Heart (PH) order with two certificates
* Bronze Star Medal (BSM) Certificate and citation with order 
* Air Medal (AM) Certificate
* Army Commendation Medal (ARCOM) Certificate with order

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 31 October 1967.  His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 15 May 1968 to 10 March 1969, and was assigned to 2nd Battalion, 5th Cavalry Regiment.

3.  The applicant’s DA Form 20 shows in:

	a.  Item 29 (Qualification in Arms) he qualified as a marksman with the M-16 rifle; 

	b.  Item 38 (Record of Assignments) he was medically evacuated to the United States and remained in a patient status from March to June 1969;

	c.  Item 40 (Wounds) he sustained fragment wounds to his neck, posterior aspect on 2 March 1969; and

	d.  Item 41 (Awards and Decorations): 

* PH
* National Defense Service Medal (NDSM)
* AM
* Vietnam Service Medal (VSM)
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M14)

4.  The applicant’s military record contains the following two orders dated 3 March 1969, which announced his award of the PH accordingly:

* Headquarters, 1st Air Cavalry Division, General Orders (GO) Number 2628, for wounds sustained on 2 March 1969
* Headquarters, 24th Evacuation Hospital, GO Number 50, for wounds sustained on 3 March 1969

5.  Headquarters, 1st Cavalry Division published orders on the dates indicated announcing the applicant's award of the following:

* GO Number 277, dated 5 July 1969, the BSM for meritorious service during the period from May 1968 to March 1969
* GO Number 8765, dated 17 July 1969, the ARCOM with “V” Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 22 February 1969

6.  On 15 June 1971, the applicant was honorably released from active duty after completing 3 years and 2 days of active service.  He was credited with 9 months and 26 days in the U.S. Army Pacific (Vietnam).  His DD Form 214 lists the following awards:

* PH
* AM
* NDSM
* VSM
* Combat Infantryman Badge

7.  A review of the Vietnam casualty roster shows the applicant's name is listed as a casualty on 2 March 1969 under casualty status code "22."  This casualty code refers to "hostile wounded in action, serious, hospitalized."

8.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy for individual and unit awards.  

	a.  A bronze service star is authorized for the VSM for participation in each named Vietnam campaign a member is credited with.  Appendix B shows that during his service in Vietnam participation credit was awarded for the following campaigns:

* Vietnam Counteroffensive, Phase IV
* Vietnam Counteroffensive, Phase V
* Vietnam Counteroffensive, Phase VII
* Tet 69 Counteroffensive

	b.  The RVN Campaign Medal with Device (1960) is authorized for members who served in the RVN for 6 months or more during the period 1 March 1961 through 28 March 1973.

9.  Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the RVN from 8 February 1962 through 28 March 1973. 


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his record should reflect all awards to which he is entitled.  There is sufficient evidence to support this claim.

2.  His official military personnel file (OMPF) includes official orders announcing his award of the BSM and ARCOM with “V” Device and neither award is currently listed on his DD Form 214.  Therefore, it would be appropriate to add these awards to his DD Form 214.

3.  The evidence of record as shown on the applicant’s DA Form 20 confirms he qualified as a sharpshooter with the M-14 rifle and marksman with the M-16 rifle, neither of which are listed on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show these weapons qualifications.

4.  Based on the applicant’s service and campaign participation in the RVN, he is also authorized 4 bronze service stars to wear on his already-awarded VSM, the RVN Campaign Medal with Device (1960), and RVN Gallantry Cross with Palm Unit Citation.  None of these awards are currently listed on his DD Form 214.  It would be appropriate to add all of these awards to his DD Form 214.

5.  While the applicant does not specifically state the awards that he wants added to his DD Form 214, the supporting evidence he provides includes two PH certificates which shows he was wounded on the 2nd and 3rd of March 1969.  His OMPF also includes two PH orders: one published by his unit for wounds he received on 2 March 1969 and the other published by the evacuation hospital for wounds he received on 3 March 1969.  Both the applicant’s DA Form 20 and the Vietnam Casualty Roster show he sustained a single wounding on 2 March 1969, for which he remained hospitalized through June 1969.  Therefore, it is apparent that his unit and the hospital both awarded the applicant the PH for the same wounding.  Accordingly, the applicant’s DD Form 214 correctly documents the PH based on his single wounding in action.

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:

   a.  amending his DD Form 214 by deleting the Vietnam Service Medal; and
   
	b.  adding the following awards to item 24 of his DD Form 214:

* Bronze Star Medal
* Army Commendation Medal with “V” Device
* Vietnam Service Medal with 4 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M16)



      __________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)                                         AR20150001768



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ABCMR Record of Proceedings (cont)                                         AR20150001768



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