BOARD DATE: 14 February 2017 DOCKET NUMBER: AR20150014762 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 BOARD DATE: 14 February 2017 DOCKET NUMBER: AR20150014762 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 the Vietnam Service Medal from his DD Form 214 and b. Adding the following awards to his DD Form 214: * Purple Heart * Vietnam Service Medal with two bronze service stars * Valorous Unit Award * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Expert Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16) _____________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. BOARD DATE: 14 February 2017 DOCKET NUMBER: AR20150014762 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 his Purple Heart (PH) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 2. The applicant states he was awarded the PH on 19 June 1967, but it was not noted on his DD Form 214. 3. The applicant provides orders for the PH. 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 23 November 1965. 3. His DA Form 20 (Enlisted Qualification Record) shows in: * item 31 (Foreign Service), he served a tour of duty in the Republic of Vietnam beginning on 23 August 1966 * item 38 (Record of Assignments), he was assigned to K Troop, 3rd Squadron, 11th Armored Cavalry Regiment, from 22 May 1966 to 27 August 1967 (during this period the unit was reassigned from Fort Meade, MD, to Vietnam) * item 41 (Awards and Decorations) – * Vietnam Service Medal * National Defense Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Combat Infantryman Badge * Army Good Conduct Medal (1st Award) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16 and M-14) 4. He was released from active duty on 29 August 1967. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was authorized the following: * Vietnam Service Medal * National Defense Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Combat Infantryman Badge * Army Good Conduct Medal 5. He provides page one of Headquarters, 24th Evacuation Hospital, General Orders Number 101, dated 20 June 1967, showing he was awarded the PH for wounds received in action on 19 June 1967. 6. Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing shows the applicant's name listed as a casualty on 19 June 1967 under casualty status code "23." This casualty code refers to "hostile wounded in action, not serious, hospitalized." REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign. A silver service star is authorized in lieu of five bronze service stars. The Vietnam campaigns are listed in appendix B. His service in Vietnam coincided with the Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967) and the Vietnam Counteroffensive Phase III (1 June 1967 – 29 January 1968) campaigns. 2. Department of the Army Pamphlet 672-3 lists the awards received by units serving in Vietnam. All units were awarded the RVN Gallantry Cross with Palm Unit Citation. This pamphlet further shows the 3rd Squadron, 11th Armored Cavalry Regiment, was awarded the: * Valorous Unit Award (VUA) for actions on 19 June and 21 July 1967, as announced in Department of the Army General Order 1, dated 1969 * Meritorious Unit Commendation for the period 13 September 1966 to 31 May 67, as announced in DAGO 32, dated 1969 DISCUSSION: 1. The applicant provided orders showing he was awarded the PH for wounds received in action on 19 June 1967. The information on the orders is corroborated by the Vietnam casualty listing. The PH is not listed on his DD Form 214. 2. He was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16 and M-14). This badge is not listed on his DD Form 214. 3. He was awarded the Vietnam Service Medal and he participated in two campaigns. His DD Form 214 does not show the bronze service stars he is authorized. 4. He served with the 3rd Squadron, 11th Armored Cavalry Regiment, during the period for which the unit was cited for award of the VUA, MUC, and RVN Gallantry Cross with Palm Unit Citation. These unit awards are not listed 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) AR20150014762 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014762 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2