IN THE CASE OF: BOARD DATE: 19 October 2017 DOCKET NUMBER: AR20160002907 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 IN THE CASE OF: BOARD DATE: 19 October 2017 DOCKET NUMBER: AR20160002907 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 amending his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), for the period ending 5 August 1969, by deleting the Bronze Star Medal and the Vietnam Service Medal and adding the: * Purple Heart (2nd Award) * Bronze Star Medal (2nd Award) with "V" Device * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Auto Rifle Bar (M-16) * Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60) _____________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. IN THE CASE OF: BOARD DATE: 19 October 2017 DOCKET NUMBER: AR20160002907 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) for the period ending 5 August 1969 to show the Bronze Star Medal (2nd Award) and the Purple Heart (2nd Award). Additionally, he requests correction of his DD Form 214 to show any other missing awards or decorations he is authorized. 2. The applicant states, in effect, he was awarded the missing decorations while in service; however, his DD Form 214 does not show them. 3. The applicant provides: * General Orders Number 107, issued by Headquarters, 1st Infantry Division on 8 January 1969 * DA Form 4980-10 (Purple Heart Certificate), dated 9 January 1969 * General Orders Number 461, issued by Headquarters, 1st Infantry Division on 20 January 1969 * Purple Heart Certificate, dated 21 January 1969 * General Orders Number 2237, issued by Headquarters, 1st Infantry Division on 31 March 1969 * DA Form 4980-5 (Bronze Star Medal Certificate), dated 3 April 1969 * General Orders Number 8031, issued by Headquarters, 1st Infantry Division on 2 August 1969 * Bronze Star Medal Certificate, dated 24 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 was inducted into the Army of the United States on 31 August 1967. He completed his initial entry training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). 3. Special Orders Number 292, issued by Headquarters, U.S. Army Training Center and Fort Leonard Wood, Fort Leonard Wood, MO, on 19 October 1967, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). 4. Special Orders Number 310, issued by Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Fort Polk, LA on 1 December 1967, awarded the applicant the Marksman Marksmanship Qualification Badge with Auto Rifle Bar (M-16). 5. Special Orders Number 317, issued by Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Fort Polk, LA, on 9 December 1967, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60). 6. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from August 1968 through August 1969. 7. General Orders Number 107, issued by Headquarters, 1st Infantry Division, on 8 January 1969, awarded the applicant the Purple Heart for wounds received in action on 27 December 1968. 8. General Orders Number 461, issued by Headquarters, 1st Infantry Division, on 20 January 1969, awarded the applicant the Purple Heart for wounds received in action on 12 January 1969. 9. General Orders Number 2237, issued by Headquarters, 1st Infantry Division, on 31 March 1969, awarded the applicant the Bronze Star Medal (1st Oak Leaf Cluster) with "V" Device for heroism against a hostile force in the Republic of Vietnam on 12 January 1969. 10. General Orders Number 8031, issued by Headquarters, 1st Infantry Division, on 2 August 1969, awarded the applicant the Bronze Star Medal with "V" Device for heroism against a hostile force in the Republic of Vietnam on 27 December 1968. 11. The applicant was honorably released from active duty on 5 August 1969. His DD Form 214 shows he was awarded or authorized the: * Bronze Star Medal (shown as "Bronze Star") * Army Commendation Medal * Good Conduct Medal * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Combat Infantryman Badge REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. This regulation provides that the Vietnam Service Medal is awarded to all members of the Armed Forces of the U.S. for qualifying service in Vietnam during the period 3 July 1965 through 28 March 1973. A bronze service star will be authorized for wear on the Vietnam Service Medal for participation in each credited campaign. Appendix B shows that during his service in the Republic of Vietnam, participation credit was awarded for the following four campaigns: * Vietnam Counteroffensive, Phase V (1 July 1968 – 1 November 1968) * Vietnam Counteroffensive, Phase VI (2 November 1968 – 22 February 1969) * Tet 69 Counteroffensive, 1969 (23 February 1969 – 8 June 1969) * Vietnam Summer – Fall 1969 (9 June 1969 – 31 October 1969) 2. 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 Headquarters, U.S. Army Vietnam and its subordinate units were cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation, during the period 20 July 1965 to 28 March 1973, by Department of the Army General Orders Number 8, dated 1974. DISCUSSION: 1. The applicant requests correction of his DD Form 214 to show the Bronze Star Medal (2nd Award), the Purple Heart (2nd Award), and any other awards or decorations he is authorized. 2. General orders awarded the applicant the Purple Heart (1st and 2nd Awards); however, his DD Form 214 does not show these awards. 3. General orders awarded him the Bronze Star Medal (1st and 2nd Award) with "V" Device. However, his DD Form 214 shows only a single award of the Bronze Star Medal without a corresponding "V" Device. 4. The applicant participated in four campaigns during his service in Vietnam. His DD Form 214 shows the Vietnam Service Medal as an authorized award; however, it does not show the four bronze service stars that should be affixed in recognition of the four campaigns he participated in. 5. Department of the Army general orders awarded all units serving in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation. This unit award is not shown on his DD Form 214. 6. Special orders awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), Marksman Marksmanship Qualification Badge with Auto Rifle Bar (M-16), and the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60). These qualification badges are not shown on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002907 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002907 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2