IN THE CASE OF: BOARD DATE: 1 December 2015 DOCKET NUMBER: AR20150005047 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 (PH) * Award of the Bronze Star Medal (BSM) with two Oak Leaf Clusters and “V” Device 2. The applicant states his DD Form 214 does not show the above awards. 3. The applicant provides copies of: * Certificate for award of the PH, dated 28 June 1969 * General Orders Number 3051, Headquarters, II Field Force Vietnam (HQ, II FFORCEV), dated 23 October 1969 * Certificate for award of the BSM with “V” Device, dated 13 October 1969 * General Orders Number 4830, HQ, II FFORCEV, dated 19 December 1969 * Certificate and Citation for award of the BSM with First Oak Leaf Cluster, dated 12 December 1969 * General Orders Number 131, HQ, II FFORCEV, dated 9 January 1970 * Certificate for award of the BSM with Second Oak Leaf Cluster and “V” Device, dated 8 January 1970 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 14 December 1965, the applicant was ordered to active duty training as an enlisted member of the Army National Guard (ARNG). He completed his initial training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). On 9 May 1966, he was released from active duty (REFRAD) and transferred back to his ARNG unit. 3. On 10 May 1968, the applicant was appointed as a second lieutenant, ARNG of the United States (ARNGUS), Infantry. On 13 May 1968, he was ordered to Active Duty. 4. On or about 23 May 1968, the applicant was assigned to the Republic of Vietnam (RVN) and he served with Company C, 2nd Battalion, 47th Infantry Regiment. a. Special Orders Number 172, 9th Infantry Division, dated 21 June 1969, announced the applicant’s award of the Combat Infantryman Badge. b. A Certificate dated 28 June 1969, as provided by the applicant and filed in his Official Military Personnel File (OMPF) shows the applicant was awarded the PH for wounds received in action on 27 June 1969. c. A DA Form 8-275-3 (Clinical Record Cover Sheet) dated 29 June 1969, states the applicant was admitted to the 3rd Field Hospital at 2200 hours, 27 June 1969, for treatment of a fragment wound received while on night patrol. This form also states that General Orders Number 179, dated 28 June 1969 was published by the 3rd Field Hospital announcing award of the applicant’s PH. d. General Orders Number 3051, HQ, II FFORCEV, dated 9 August 1969, as provided by the applicant and filed in his OMPF, announced his award of the BSM with “V” Device for heroism on 9 August 1969. e. General Orders Number 2823, HQ, II FFORCEV, dated 18 October 1969, announced the applicant’s award of the Army Commendation Medal with “V” Device for heroism on 6 August 1969. f. On or about 26 November 1969, the applicant departed the RVN and returned to Schofield Barracks, Hawaii, where he was assigned to Headquarters and Headquarters Company, 2nd Battalion, 299th Infantry. g. General Orders Number 4830, HQ, II FFORCEV, dated 19 December 1969, announced the applicant’s award of the BSM with first Oak Leaf Cluster for meritorious service from May to December 1969. h. General Orders Number 131, HQ, II FFORCEV, dated 9 January 1970, announced the applicant’s award of the BSM with “V” Device and second Oak Leaf Cluster for heroism on 15 November 1969. 5. On 12 December 1969, the applicant was REFRAD and transferred back to his ARNGUS unit. His DD Form 214 for this period of Active Duty service shows he completed 1 year and 7 months of active duty service. His awards are shown as: * National Defense Service Medal * Vietnam Service Medal * Combat Infantryman Badge * RVN Campaign Medal with 1960 Device * RVN Gallantry Cross with Palm Unit Citation * Army Commendation Medal with “V” Device 6. Army Regulation 600-8-22 (Military Awards): a. Provides that the “V” Device denotes that one or more of a particular decoration was awarded for heroism; and b. Appendix B of this regulation shows that based on the applicant's dates of service in the RVN, he participated in the following three campaign periods: the Tet 69 Counteroffensive; the Vietnam Summer-Fall 1969; and the Vietnam Winter-Spring 1970. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. 7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN. This publication shows that the 2nd Battalion, 47th Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 55, dated in 1971 for award of the RVN Civil Actions Honor Medal First Class Unit Citation. 8. Army Regulation 635-5 (Separation Documents) as then in effect, provided detailed instructions for completing separation documents, including the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that his DD Form 214 should be corrected to show: * Award of the PH * Award of the BSM with two Oak Leaf Clusters and “V” Device 2. Records show the applicant was wounded in action on 27 June 1969 and was awarded the PH on orders published by the 3rd Field Hospital. Therefore, this medal should be shown on his DD Form 214. 3. General orders show the applicant was awarded a total of three BSMs, two of which were for heroism. Therefore, this medal with two Oak Leaf Clusters and the “V” Device should be shown on his DD Form 214. 4. Records show that the applicant participated in three campaign periods during his service in the RVN. Therefore, he is authorized to wear three bronze service stars on his already-awarded Vietnam Service Medal. 5. Records show that the applicant's unit was cited in general orders for award of the Civil Actions Honor Medal First Class Unit Citation. Therefore, his records should be corrected to show this foreign unit award. 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. deleting from his DD Form 214, effective 12 December 1969, the Vietnam Service Medal; and b. adding to his DD Form 214: * Purple Heart * Bronze Star Medal with two Oak Leaf Clusters and “V” Device * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Civil Actions Honor Medal 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) AR20140000079 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005047 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1