IN THE CASE OF: BOARD DATE: 29 May 2014 DOCKET NUMBER: AR20130015647 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 and any other awards to which he is entitled. 2. The applicant states, in effect, although he was awarded the Purple Heart for a wound he sustained while serving in the Republic of Vietnam (RVN), it was not posted in his records or shown on his DD Form 214. 3. He provides General Orders Number 231 and a Purple Heart Certificate, each dated 26 December 1967. 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 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 enlisted in the Regular Army on 8 September 1965. He was advanced through the enlisted ranks to the rank/grade of specialist five (SP5)/E-5. On 13 February 1967, he was honorably discharged, after completing 1 year, 5 months and 6 days of total active service, for the purpose of accepting a commission as an officer in the Army. 3. The DD Form 214 for the period ending 13 February 1967 shows he was awarded or authorized the: * National Defense Service Medal * Good Conduct Medal (1st Award) * Expert Marksmanship Qualification Badge with Carbine Bar * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and Missile Bar 4. He was commissioned as a second lieutenant in the U.S. Army Reserve on 14 February 1967 with a concurrent call to active duty. 5. His DA Form 66 (Officer Qualification Record) shows in: a. item 17 (Foreign Service), he served in the Republic of Vietnam from 9 September 1967 through 21 January 1968. b. item 18 (Record of Assignments), he performed duties as a Forward Observer in Vietnam while assigned to Headquarters and Headquarters Service Battery, 2nd Battalion, 77th Artillery Regiment, 25th Infantry Division, during the period 14 September 1967 to 19 December 1967. c. item 38, he was hospitalized in the 249th General Hospital on 19 December 1967 and remained there until he was medically evacuated on 20 January 1968. On 22 January 1968, he was hospitalized in the Valley Forge General Hospital, Phoenixville, PA. 6. The applicant's record contains a Casualty Report, dated 19 December 1967, which shows he sustained a gunshot wound that entered his right chest and exited his right shoulder when hit by hostile sniper fire in the vicinity of Binh Duong, Vietnam on 19 December 1967. It was noted that he was not seriously wounded and he had requested that his parents be notified. His record also contains a Western Union Telefax which was prepared for their notification of his status on 20 December 1967. 7. The applicant provides General Orders Number 231 published by the 12th Evacuation Hospital (Surgical Mobile) on 26 December 1967 which awarded him the Purple Heart for wounds received in connection with military operations against a hostile force in the Republic of Vietnam on 19 December 1967. He also provides the certificate that he was presented to commemorate this award. 8. The applicant's record contains Headquarters, Department of the Army, Special Orders Number 242, dated 12 December 1968, which show he was determined to be unfit by reason of physical disability of 40 percent incurred while entitled to receive basic pay. As a result, he was to be released from active duty, transferred to the USAR Control Group (Retired Reserve) and was placed upon the temporary disability retired list on 21 December 1968. 9. His DD Form 214 for the period ending 20 December 1968 shows he separated accordingly. This form also shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) 10. References: a. Army Regulation 600-8-22 (Military Awards) 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. Appendix B shows that the Vietnam Counteroffensive Phase III campaign took place during his period of service in the Republic of Vietnam. b. Department of the Army General Orders (DAGO) Number 48, dated 1971, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the applicant's unit of assignment in Vietnam during the period 1 August 1967 to August 1968. c. DAGO Number 51, dated 1971, announced award of the Republic of Vietnam Civil Actions Medal with First Class Unit Citation to the applicant's unit of assignment in Vietnam during the period 1 August 1967 to 21 January 1970. DISCUSSION AND CONCLUSIONS: 1. The applicant's contention was carefully considered and determined to have merit. 2. General orders awarded the applicant the Purple Heart. Therefore, his DD Form 214 should be corrected to show this award. 3. Records show the applicant participated in one campaign while serving in the Republic of Vietnam. Therefore, he is entitled to one bronze service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show this service star. 4. His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Medal with First Class Unit Citation. Therefore, these unit awards should be added to his DD Form 214. 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: a. deleting the Vietnam Service Medal from his DD Form 214 for the period ending 20 December 1968; and b. adding the following awards to his DD Form 214 for the period ending 20 December 1968: * Purple Heart * Vietnam Service Medal with 1 bronze service star * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Medal with First Class Unit Citation _______ _ 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) AR20130015647 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130015647 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1