BOARD DATE: 11 April 2017 DOCKET NUMBER: AR20150017199 BOARD VOTE: ____x_____ __x_____ ___x_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 11 April 2017 DOCKET NUMBER: AR20150017199 BOARD DETERMINATION/RECOMMENDATION: USE THE FOLLOWING PARAGRAPH TO GRANT RELIEF. 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 from his DD Form 214, the Vietnam Service Medal and the “Army Commendation Medal w/V Device & 4 Oak Leaf Clusters”; and b. adding to his DD Form 214 the following awards: * Purple Heart (2nd Award) * Vietnam Service Medal with three bronze service stars * Army Commendation Medal with “V” Device (4th Award) * Army Commendation Medal (2nd Award) * Overseas Service Bar (1st Award) ______________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. BOARD DATE: 11 April 2017 DOCKET NUMBER: AR20150017199 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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he received more than one Purple Heart (PH) award and all other awards. 2. The applicant states he received more than one PH and wants all of his awards listed on his DD Form 214. 3. The applicant provides his DD Form 214 and General Orders (GO) Number 8281, issued by the Department of the Army (DA), Headquarters, 9th Infantry Division, dated 3 June 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. On 19 June 1968, the applicant was inducted in the Army of the United States. 3. A DA Form 20 (Enlisted Qualification Record) shows in: a. item 31 (Foreign Service): U.S. Army Pacific – Vietnam for the period of 24 November 1968 to 1 September 1969; b. item 38 (Record of Assignments): he was assigned to: * Company E, 50th Infantry Division from 3 December 1968 to 30 March 1969 * Company E, 79th Infantry Division from 1 April 1969 to 22 October 1969 c. item 39 (Campaigns): * Vietnam Counteroffensive Phase VI * Tet 69 Counteroffensive * Campaign II d. Item 41 (Awards and Decorations) – * National Defense Service Medal (NDSM) * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Grenade Bar * Vietnam Service Medal (VSM) * Combat Infantryman Badge (CIB) * Army Commendation Medal (ARCOM) (2nd Award) * ARCOM with “V” Device (4th Award) * Republic of Vietnam (RVN) Campaign Medal (VCM) with Device * Air Medal (2nd Award) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * RVN Civil Actions Honor Medal, First Class (2nd Award) * RVN Gallantry Cross with Palm Unit Citation * Marksman Marksmanship Qualification Badge with Bar (M-60) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * One Overseas Service Bar 4. GO Number 6281, issued by Headquarters, 9th Infantry Division, dated 3 June 1969, shows the applicant was awarded the PH (2nd Award). 5. On 23 June 1970, the applicant was honorably released from active duty and was transferred to the U.S. Army Reserve. His DD Form 214 shows he completed 2 years of active duty service and held the rank and grade of sergeant (SGT)/E-5. His DD Form 214 further shows he was awarded or authorized the following awards: * NDSM * VSM with two bronze service stars * VCM * RVN Civil Action Honor Medal, First Class (2nd Award) * ARCOM with “V” Device (5th Award) * Expert Marksmanship Qualification Badge with Grenade Bar * CIB * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Silver Star * RVN Gallantry Cross with Palm Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Marksman Marksmanship Qualification Badge with Bar (M-60) 6. His records indicate he is authorized additional awards that are not shown on his DD Form 214. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance for the VSM. It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, participation credit was awarded for the following campaigns: * Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969) * TET 69 Counteroffensive 1969 (23 February 1969-8 June 1969) * Vietnam Summer-Fall 1969 (2 June 1969-31 October 1969) 2. Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the overseas service bar. It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the overseas service bar for service in a hostile fire zone and for combining service to calculate award of the bars. For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. service in Vietnam from 1 July 1958 to 28 March 1973. Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar. 3. Army Regulation 635-5 (Separations Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. DISCUSSION: 1. The applicant contends that he was awarded more than one PH and other awards not listed on his DD Form 214. 2. GO Number 6281, issued by Headquarters, 9th Infantry Division, dated 3 June 1969, shows the applicant was awarded the PH (2nd Award). 3. The evidence of record shows the applicant was awarded four ARCOMs with “V” Device for heroism and two ARCOMs for meritorious service. His DD Form 214 only shows five ARCOM awards. 4. The applicant’s record shows he participated in three campaigns during his service in the RVN. Therefore, he is authorized three bronze service stars with his previously-awarded VSM and correction of his DD Form 214 to reflect these bronze service stars. 5. The applicant served a qualifying period of service for entitlement to one overseas service bars for his service in the RVN from24 November 1968 to 1 September 1969. Therefore, he is entitled to correction of his DD Form 214 to show one overseas service bars for his service in Vietnam. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017199 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017199 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2