IN THE CASE OF: BOARD DATE: 19 April 2016 DOCKET NUMBER: AR20150009161 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 April 2016 DOCKET NUMBER: AR20150009161 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 as follows: a. Adding to item 26: * Purple Heart * RVN Campaign Medal with Device (1960) * Vietnam Service Medal with two bronze service stars * RVN Gallantry Cross with Palm Unit Citation (3rd Award) b. Deleting the current RVN service entry listed in item 30 and adding the entry “5 Jul 70 to 4 Jul 71.” _____________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 April 2016 DOCKET NUMBER: AR20150009161 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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * his appropriate Republic of Vietnam (RVN) service dates * award of the Purple Heart 2. He states he served in the RVN from 5 July 1970 to 4 July 1971 and he was awarded the Purple Heart. 3. He provides his DD Form 214. 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 22 January 1970, he was inducted into the Army of the United States. His DA Form 20 (Enlisted Qualification Record) shows in: * Item 31 (Foreign Service) – service in the RVN from 5 July 1970 to 4 July 1971 * Item 38 (Record of Assignments) – Headquarters and Headquarters Company (HHC), 4th Aviation, 4th Infantry Division, from 17 July to 17 November 1970; and the HHC, 14th Combat Aviation Battalion, 23rd Infantry Division, from 29 November 1970 to 29 June 1971 * Item 38 (Conduct and Efficiency) – he received “good” and “excellent” ratings during his service in the RVN 3. Headquarters, 23rd Infantry Division, General Orders Number 15903, dated 8 December 1970, awarded him the Purple Heart for wounds received in action on 30 November 1970. 4. On 21 September 1971, he was honorably released from active duty after completing 1 year and 8 months of total active service. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Marksman Marksmanship Qualification Badge (Rifle) 5. Item 30 (Remarks) of his DA Form 214 contains the entry - “Vietnam Service: 5 Jul to 4 Jul 70.” REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states: a. The RVN Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. b. 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. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. 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 the applicant’s service in Vietnam he participated in the Vietnam Counteroffensive Phase VII and Consolidation I campaigns. 2. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the: a. The 4th Aviation Battalion was awarded the RVN Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders (DAGO) Number 52, dated 1971, for the period 1 July 1969 to 17 November 1970. b. HHC, 14th Aviation Battalion, was award the RVN Gallantry Cross with Palm Unit Citation based on DAGO 42, dated 1972 for the period 8 February to 31 March 1971; and DAGO 6, dated 1974, for the period 1 April to 30 June 1971. c. Paragraph 6 (Miscellaneous Information) states that not more than one award of the RVN Gallantry Cross with Palm Unit Citation may be worn by any individual. Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received. DISCUSSION: 1. The applicant requests correction of his DD Form 214 to show his appropriate RVN service dates and award of the Purple Heart. 2. General orders awarded the applicant the Purple Heart; therefore, it should be listed on his DD Form 214. 3. His records confirm he served in the RVN from 5 July 1970 to 4 July 1971 and his DD Form 214 should be corrected to show these dates. 4. He completed a qualifying period of service for award of the RVN Campaign Medal with Device (1960) and the Vietnam Service Medal. He also participated in two campaigns while serving in the RVN; therefore, he is authorized the RVN Campaign Medal and the Vietnam Service Medal with two bronze service stars. 5. General orders awarded his units the RVN Gallantry Cross with Palm Unit Citation on three occasions. These awards should be added to his DD Form 214. However, the applicant should note that only one award is authorized for wear on the uniform. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150009161 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009161 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2