IN THE CASE OF: BOARD DATE: 15 December 2015 DOCKET NUMBER: AR20150005214 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 he was awarded the Purple Heart. Additionally, he requests the issuance of a new medal set. 2. The applicant states when he was discharged in August 1969, his DD Form 214 did not list the Purple Heart; however, he was presented with the Purple Heart at his discharge. Additionally, he has lost the medal set for his Purple Heart and would like to be issued another set. 3. The applicant provides a copy of his DD Form 214 and General Orders Number 1932, issued by Headquarters, 173rd Airborne Brigade on 3 August 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 enlisted in the Regular Army on 31 October 1966. He held military occupational specialties 94B (Cook), 71B (Clerk Typist), 71H (Personnel Specialist), and 76P (Materiel Control and Accounting Specialist), and attained the rank/grade of specialist five (SP5)/E-5. 3. His DA Form 20 (Enlisted Qualification Record) shows in: a. Items 31 (Foreign Service) and 38 (Record of Assignments) – he served in the Republic of Vietnam from 8 January 1968 to 7 August 1969, where he was assigned to Company D (Maintenance), 173rd Airborne Support Battalion, 173rd Airborne Brigade from 18 January 1968 to 7 August 1969. b. Item 40 (Wounds) – he received a fragment wound to his right ankle on 15 July 1969. c. Item 41 (Awards and Decorations) – no entry for the Purple Heart. 4. His record contains a Western Union telegram, dated 16 July 1969, which states he was slightly wounded in action in Vietnam on 15 July 1969 by a fragment while at base camp when the area came under rocket attack by a hostile force. He received a wound to his right ankle. He was treated and returned to duty. 5. He provides General Orders Number 1932, issued by Headquarters, 173rd Airborne Brigade on 3 August 1969. These orders awarded him the Purple Heart for wounds received in connection with military operations against a hostile force on 15 July 1969. 6. He was honorably released from active duty on 10 August 1969 following his completion of 2 years, 9 months, and 11 days of net active service, of which 1 year, 7 months, and 2 days was credited as foreign service. Additionally, his DD Form 214 shows: a. Item 24 (Decorations, Medals, Badges, Commendations, Citations and campaign Ribbons Awarded or Authorized) lists the: * "BRONZED STAR" – unclear entry * ARCOM (Army Commendation Medal) * NDSM (National Defense Service Medal) * VSM (Vietnam Service Medal) * "RVN" [Republic of Vietnam] – incomplete entry * Parachutist Badge * 3 overseas service bars b. Item 30 (Remarks) does not list his Vietnam Service. 7. A review of the applicant's records indicates he is entitled to additional awards that are not shown on his DD Form 214. 8. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. A bronze service star is authorized for wear on the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in. A silver service star will be worn in lieu of five bronze service stars. Appendix B shows that during his service in Vietnam, the applicant participated in the following seven 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) * TET 69 Counteroffensive (23 February 1969 - 8 June 1969) * Vietnam Summer – Fall 1969 (9 June 1969 - 31 October 1969) b. The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. 9. 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 173rd Support Battalion was cited for award of the: * Meritorious Unit Commendation, for the period 1 June 1069 to 31 December 1969, by Department of the Army General Orders (DAGO) Number 48, dated 1971 * Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 5 May 1965 to 26 September 1970, by DAGO Number 51, dated 1971 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 15 April 1969 to 16 March 1971, by DAGO Number 5, 1973 10. Army Regulation 635-5 (Separation Document), paragraph 2-50b(18), then in effect, states, for item 30 of the DD Form 214, indicate Indochina and Korea service on or after 5 August 1964 by entering inclusive dates of service for Vietnam and indicating "yes" or "no" for service in Indochina and Korea. Where the record reflects assignment to an organization in Burma, Laos, Thailand, Cambodia, or Vietnam show "yes" for Indochina. Sample entries are as follows: * to show service in Vietnam only, "Vietnam - 25 Apr 70 thru 28 May 71, Indochina - yes, Korea - no" * to show service in Indochina (other than Vietnam) only, "Indochina - yes, Vietnam - no, Korea - no" * to show service in Korea only, "Indochina - no, Vietnam - no, Korea - yes" DISCUSSION AND CONCLUSIONS: 1. General orders awarded the applicant the Purple Heart; however, this award is not listed on his DD Form 214. 2. The applicant contends he lost his Purple Heart Medal set. There is no harm in issuing him another Purple Heart Medal set since he was issued general orders awarding him the Purple Heart. 3. His DD Form 214 shows he was awarded the Vietnam Service Medal but it does not show one silver service star and two bronze service stars affixed to denote the seven campaigns he participated in during his service in Vietnam. 4. He met the criteria for award of the Republic of Vietnam Campaign Medal with Device (1960) as established in Army Regulation 600-8-22, in that he served in Vietnam during the qualifying period for the award and he served longer that the required 6 months in Vietnam. However, this award is not reflected on his DD Form 214. 5. General orders awarded his unit of assignment in the Republic of Vietnam the Meritorious Unit Commendation, 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 period in which he was assigned; however, these unit awards are not listed on his DD Form 214. 6. He served in the Republic of Vietnam from 8 January 1968 to 7 August 1969; however, this service is not reflected in item 30 of 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 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 item 24 of his DD Form 214 by deleting the "VSM" and the incomplete entry "RVN" and adding the: * Purple Heart * Vietnam Service Medal with one silver service star and two bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation b. amending item 30 of his DD Form 214 by adding the entry, "Vietnam – 8 January 1968 thru 7 August 1969, Indochina - yes, Korea - no"; and c. issuing him a Purple Heart Medal set. _______ _ _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) AR20150005214 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005214 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1