BOARD DATE: 5 January 2016 DOCKET NUMBER: AR20150006007 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 the Purple Heart. 2. The applicant states he was injured in Vietnam and was given the Purple Heart; however, it is not listed on his DD Form 214. 3. The applicant provides his DD Form 214 and a Purple Heart Certificate. 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 28 November 1969. He served in Vietnam from 4 May 1970 to 8 April 1971 while assigned to Battery C, 3rd Battalion, 82nd Artillery Regiment. 3. He provides a Purple Heart Certificate, dated 3 July 1970, indicating he was awarded the Purple Heart for wounds received in action on 3 June 1970. A review of the Vietnam casualty roster confirms he was wounded in action on 3 June 1970 and was hospitalized for those wounds. 4. He was honorably released from active duty on 2 October 1972 and he was transferred to the U.S. Army Reserve. The DD Form 214 he was issued shows he was awarded or authorized the: * National Defense Service Medal * Army Good Conduct Medal * Vietnam Service Medal * Vietnam Campaign Medal with Device (1960) * Bronze Star Medal * 1 overseas service bar 5. His DD Form 214 also shows he was awarded/authorized the “Marksman M14 M16.” The proper entries for these badges are the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). 6. Item 29 (Qualification in Arms) of his DA Form 20 (Enlisted Qualification Record) shows he qualified as marksman with the M-14 rifle and as expert with the M-16 rifle. 7. Army Regulation 600-8-22 (Military Awards) states: a. The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. A review of his record shows that during his service in Vietnam he participated in two campaigns: * Sanctuary Counteroffensive (1 May - 30 June 1970) * Vietnamese Counteroffensive Phase VII (1 July 1970 - 30 June 1971) b. 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. 8. 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 3rd Battalion, 82nd Artillery was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 31 March through 30 June 1970, by Department of the Army General Order (DAGO) 42, dated 1972. DISCUSSION AND CONCLUSIONS: 1. The evidence of record confirms the applicant was awarded the Purple Heart. This award is not shown on his DD Form 214. 2. His record shows he participated in two campaigns during his service in Vietnam. He is authorized two bronze service stars for wear on his already-awarded Vietnam Service Medal. 3. DAGO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit. 4. His record confirms he qualified as marksman with the M-14 rifle and as expert with the M-16 rifle while his DD Form 214 shows the entry “Marksman M14 M16.” In addition, as both the arrival and departure month counts as whole months for credit towards the overseas service bar, he is authorized two overseas service bars for his service in Vietnam while his DD Form 214 only shows one. 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 amending the applicant’s DD Form 214 by: * deleting the Vietnam Service Medal, Marksman M14 M16, and 1 overseas service bar * adding: * Purple Heart * Vietnam Service Medal with 2 bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * 2 overseas service bars _______ _ 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) AR20150006007 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006007 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1