IN THE CASE OF: BOARD DATE: 14 February 2017 DOCKET NUMBER: AR20150015067 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: 14 February 2017 DOCKET NUMBER: AR20150015067 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 deleting from his DD Form 214 the entries "PD" and "VSM" and adding: * Purple Heart * Vietnam Service Medal with 2 Bronze Service Stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Marksman Marksmanship Qualification Badge with Pistol Bar ___________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: 14 February 2017 DOCKET NUMBER: AR20150015067 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 served in the Republic of Vietnam (RVN). On 16 April 1968, he received orders awarding him the Purple Heart, but the award is not recorded on his DD Form 214. 3. The applicant provides a copy of his award orders and award 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 was inducted into the U.S. Army on 7 June 1967. He was awarded military occupational specialty 11B (Light Weapons Infantryman). 3. The applicant's DA Form 20 (Enlisted Qualification Record) shows in: * item 29 (Qualification in Arms) – * Expert, Rifle (M-16), 9 September 1972 * Marksman, Pistol, 21 August 1967 * Expert, Rifle (M-14), 14 July 1967 * item 31 (Foreign Service): Vietnam from 13 November 1967 through 22 March 1968 * item 38 (Record of Assignments) – * Rifleman, Long Range Reconnaissance Patrol, Headquarters and Headquarters Troop, 1st Squadron, 10th Cavalry Regiment, 4th Infantry Division, from 3 December 1967 through 11 February 1968 * Patient, Medical Hold Detachment (MHD), 249th General Hospital, Japan, from 12 February 1968 through 26 March 1968 * Patient, MHD, United States General Leonard Wood Army Hospital, Fort Leonard Wood, MO, from 27 March 1968 through 6 June 1968 * item 40 (Wounds) is blank (no entries) * item 41 (Awards and Decorations) – * National Defense Service Medal * Vietnam Service Medal * Purple Heart * RVN Campaign Medal with Device (1960) * Expert Marksmanship Qualification Badge with Rifle (M-14 and M-16) Bar * Marksman Marksmanship Qualification Badge with Pistol Bar 4. The applicant's DD Form 214 show he was honorably released from active duty on 6 June 1969 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation. He had completed 2 years of total active service that included 4 months and 10 days of foreign service. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the – * National Defense Service Medal * Vietnam Service Medal * "PD" (unidentifiable abbreviation—may be a typographical error in attempting to enter "PH" to represent the Purple Heart) * RVN Campaign Medal * Expert Marksmanship Qualification Badge with Rifle Bar * Army Good Conduct Medal (1st Award) 5. A request for review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam-era between 1965 and 1973 maintained by the U.S. Army Human Resources Command, Awards and Decorations Branch, failed to return a copy of any award orders pertaining to the applicant. 6. In support of his application the applicant provides copies of Headquarters, United States General Leonard Wood Army Hospital, Fort Leonard Wood, MO, General Orders Number 9, dated 16 April 1968, and DA Form 4980-10 (Purple Heart Certificate), dated 13 May 1968, that show the applicant was awarded the Purple Heart for wounds received in action in the RVN on 3 January 1968. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. 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 will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign. b. Appendix B contains a list of Vietnam Conflict campaigns. During the applicant's combat service in Vietnam, participation credit was awarded for the: * Vietnam Counteroffensive Phase III (1 June 1967- 29 January 1968) * Tet Counteroffensive (30 January 1968 – 1 April 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. During the applicant's period of assignment to Headquarters Troop, 1st Squadron, 10th Cavalry Regiment, the regiment was cited for award of the – * RVN Gallantry Cross with Palm Unit Citation for the period October 1966 to 28 July 1969 in Department of the Army General Orders (DAGO) Number 3 (1970) * RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 to 31 October 1969 in DAGO Number 53 (1970) DISCUSSION: 1. The applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart. 2. The evidence of record shows: a. general orders awarded the applicant the Purple Heart for wounds received action in the RVN on 3 January 1968; b. the applicant qualified for award of the Vietnam Service Medal (VSM), he participated in two campaigns during his service in Vietnam, and he is authorized two bronze services stars for wear on his already-awarded VSM; c. general orders awarded his unit the – * RVN Gallantry Cross with Palm Unit Citation * RVN Civil Actions Honor Medal First Class Unit Citation d. he qualified for the Marksman Marksmanship Qualification Badge with Pistol Bar. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015067 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015067 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2