BOARD DATE: 13 December 2011 DOCKET NUMBER: AR20110011173 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 the Combat Infantryman Badge and Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 22 July 1968. 2. The applicant states these awards were omitted from item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 22 July 1968. 3. The applicant provides: * Department of Veterans Affairs disability claim * DD Form 214 for the period ending 22 July 1968 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 10 March 1960, the applicant enlisted in the Regular Army and served until he was honorably discharged for immediate reenlistment on 19 June 1962. He reenlisted on 20 June 1962. On 17 January 1964, he was honorably discharged to accept a commission. 3. On 18 January 1964, he was appointed a second lieutenant in the U.S. Army Reserve (USAR) and ordered to active duty. He arrived in Vietnam on 24 July 1967. He was assigned to Headquarters and Headquarters Company (HHC), 1st Battalion, 7th Cavalry, 1st Cavalry Division in Vietnam from 27 July 1967 to 2 December 1967. He was assigned to Company A, 1st Battalion, 7th Cavalry, 1st Cavalry Division in Vietnam from 3 December 1967 until he was wounded in action on 21 February 1968. He was assigned to HHC, 1st Battalion, 7th Cavalry of the 1st Cavalry Division in Vietnam from 11 March 1968 to 16 July 1968. On 22 July 1968, he was released from active duty and transferred to the USAR Control Group (Reinforcement) to complete his remaining service obligation. 4. Item 24 of his DD Form 214 for the period ending 22 July 1968 shows the: * Parachutist Badge * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * One Overseas Bar * Silver Star * Bronze Star Medal * Air Medal 5. Orders, dated 1 June 1967, show he received the Army Commendation Medal for meritorious service for the period July 1966 to June 1967. 6. Orders, dated 27 August 1967, show he received the Combat Infantryman Badge. 7. Orders, dated 13 March 1968, show he received the Purple Heart for wounds received in action on 21 February 1968 in Vietnam. 8. Records show he participated in four campaigns during his assignment in Vietnam. 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 1st Battalion, 7th Cavalry, was cited for the following awards at the time of his assignment: * Valorous Unit Award for actions during the period 1-31 October 1967 by Department of the Army General Orders (DAGO) Number 39, dated 1970 * Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 70, dated 1969 10. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal. DISCUSSION AND CONCLUSIONS: 1. Orders show he received the Army Commendation Medal, Combat Infantryman Badge and Purple Heart. His DD Form 214 for the period ending 22 July 1968 should be corrected to show these awards. 2. The applicant participated in four campaigns during his assignment in Vietnam which entitles him to the Vietnam Service Medal with four bronze service stars. His DD Form 214 for the period ending 22 July 1968 should be corrected to show these awards. 3. The applicant's unit was cited for award of the Valorous Unit Award and Republic of Vietnam Gallantry Cross with Palm Unit Citation, while he was assigned to the unit. Therefore, his DD Form 214 for the period ending 22 July 1968 should be corrected to show these unit awards. 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 adding the Army Commendation Medal, Combat Infantryman Badge, Purple Heart, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four bronze service stars to his already-awarded Vietnam Service Medal in item 24 of his DD Form 214 for the period ending 22 July 1968. ___________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) AR20110011173 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110011173 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1