IN THE CASE OF: BOARD DATE: 27 September 2016 DOCKET NUMBER: AR20150014373 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: 27 September 2016 DOCKET NUMBER: AR20150014373 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: a. deleting the Vietnam Service Medal and "Marksman (Rifle)" from his DD Form 214; and b. adding to his DD Form 214: * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * Purple Heart * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Vietnam Service Medal with one silver service star _____________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: 27 September 2016 DOCKET NUMBER: AR20150014373 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, in effect, the Purple Heart was not included on his DD Form 214. 3. The applicant provides a letter from the Commanding General, Headquarters, 3d Marine Division (Reinforced), Fleet Marine Force, and 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 period 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, and 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 27 September 1966. 3. His DA Form 20 (Enlisted Qualification Record) contains the following information: * item 31 (Foreign Service) shows he served in the Republic of Vietnam from 28 January 1968 through 27 January 1969 * item 38 (Record of Assignments) shows he was assigned to the 515th Transportation Company from 3 February 1968 to 20 January 1969 * item 29 (Qualification in Arms) shows he qualified as a marksman with the M-14 and M-16 rifle 4. The applicant provides and his official military personnel file (OMPF) contains a letter dated 16 April 1968 from the Commanding General, Headquarters, 3d Marine Division (Reinforced), Fleet Marine Force, via the applicant's Commanding Officer, 515th Transportation Company. The letter states, in effect, in accordance with the authority delegated by endorsement in reference (a), the Commanding General, 3d Marine Division, takes pride in presenting the applicant with the Purple Heart. Enclosed is the Purple Heart for wounds the applicant received in combat action, while in support of the Forces of the Republic of Vietnam in their struggle against insurgent communist (Viet Cong) forces, on 14 March 1968. It was also noted that the Commanding General, U.S. Army, Vietnam would issue a permanent certificate to the applicant. 5. On 1 December 1969, he was honorably released from active duty at the expiration of his term of service. His DD Form 214 lists the following awards: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * "Marksman (Rifle)" REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance for award of the Vietnam Service Medal. A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. A silver service star is authorized in lieu of five bronze service stars. Appendix B shows that during his service in the Republic of Vietnam, participation credit was awarded for the following five campaigns: * Vietnam Counteroffensive, Phase III * TET Counteroffensive * Vietnam Counteroffensive, Phase IV * Vietnam Counteroffensive, Phase V * Vietnam Counteroffensive, Phase VI 2. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), paragraph 6d, states that Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units for the period 20 July 1965 to 28 March 1973. DISCUSSION: 1. Item 29 of his DA Form 20 shows he qualified as a marksman with the M-14 and M-16 rifle; his DD Form 214 does not reflect these marksmanship badges. 2. The applicant provided and his OMPF contains a letter from the Commanding General, Headquarters, 3d Marine Division (Reinforced), Fleet Marine Force, via the applicant's Commanding Officer, 515th Transportation Company. The letter stated, in effect, in accordance with delegated authority, the Commanding General, 3d Marine Division, presented the applicant with the Purple Heart for wounds the applicant received in combat action against insurgent communist forces on 14 March 1968. His DD Form 214 does not reflect the Purple Heart. 3. Department of the Army Pamphlet 672-3 shows his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment; his DD Form 214 does not reflect this unit award. 4. The record shows the applicant participated in five campaigns during his service in the Republic of Vietnam. However, the Vietnam Service Medal listed on his DD Form 214 does not reflect a silver service star to indicate his campaign participation. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014373 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014373 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2