IN THE CASE OF: BOARD DATE: 15 December 2016 DOCKET NUMBER: AR20150014716 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: 15 December 2016 DOCKET NUMBER: AR20150014716 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 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 21 March 1968 by deleting the Vietnam Service Medal with 1 bronze service star and adding the: * Purple Heart * Vietnam Service Medal with 2 bronze service stars * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * 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. IN THE CASE OF: BOARD DATE: 15 December 2016 DOCKET NUMBER: AR20150014716 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 he was awarded the Purple Heart. 2. The applicant states he was awarded the Purple Heart on 17 March 1967, which is not reflected on his DD Form 214. 3. The applicant provides a copy of his DD Form 214 and a copy of General Orders Number 961, dated 17 March 1967. 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 was inducted into the Army of the United States on 22 March 1966. He completed his initial entry training and was awarded military occupational specialty 12B (Combat Engineer). 3. His DA Form 20 (Enlisted Qualification Record) reflects the following entries: a. Item 31 (Foreign Service) shows he served in the Republic of Vietnam from 25 August 1966 through 24 August 1967. b. Item 38 (Record of Assignments) shows he served with Company A, 65th Engineer Battalion, 25th Infantry Division, during his service in the Republic of Vietnam. 4. General Orders Number 961, issued by Headquarters, 25th Infantry Division, on 17 March 1967, awarded the applicant the Purple Heart for wounds received in connection with military operations against a hostile force on 15 March 1967. 5. The applicant was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) on 21 March 1968. His DD Form 214 shows he completed 2 years of total active service, including 1 year of foreign service. His DD Form 214 does not show the Purple Heart as an authorized award; however, it shows he was awarded the: * Army Good Conduct Medal * National Defense Service Medal * Vietnam Service Medal with one bronze service star * Republic of Vietnam Campaign Medal with Device (1960) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Purple Heart is awarded for wound(s) sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record. b. A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in. Table B-1 shows during his service in Vietnam, campaign participation was awarded for the following two campaigns: * Vietnam Counteroffensive, Phase II (1 July 1966 – 31 May 1967) * Vietnam Counteroffensive, Phase III (1 June 1967 – 29 January 1968) 2. 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 unit to which the applicant was assigned was cited for the: * Meritorious Unit Commendation, for service during the period 22 February 1967 - 7 December 1967, by Department of the Army General Orders (DAGO) Number 17, dated 1969 * Republic of Vietnam Gallantry Cross with Palm Unit Citation, for service during the period January 1966 - August 1968, by DAGO Number 48, dated 1971 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for service during the period 13 March 1966 - 21 January 1970, by DAGO Number 51, dated 1971 DISCUSSION: 1. The applicant's request for correction of his DD Form 214 to show the Purple Heart was carefully considered. 2. General orders awarded him the Purple Heart; however, this award is not shown on his DD Form 214. 3. He participated in two campaigns during his service in the Republic of Vietnam. However, his DD Form 214 shows only one bronze service star with his previously-awarded Vietnam Service Medal. 4. General orders awarded his unit of assignment in the Republic of Vietnam the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. These unit awards are not shown on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014716 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014716 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2