IN THE CASE OF:	  

	BOARD DATE:	  1 July 2008

	DOCKET NUMBER:  AR20080006195 


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, award of the Purple Heart (PH).

2.  The applicant states, in effect, that his separation document (DD Form 214) does not reflect his award of the PH he received on 19 July 1970, while in 
Chu-Lai.  He further states that he now requests that his DD Form 214 be corrected to show his PH.

3.  The applicant provides his DD Form 214 and a PH Certificate in support of his application.

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’s record shows he was inducted into the Army of the United States (AUS) and entered active duty on 22 July 1969.  He was trained in, awarded, and served in military occupational specialty (MOS) 11D (Armor Reconstruction Specialist), and the highest rank he attained while serving on active duty was specialist four (SP4).

3.  The applicant’s Enlisted Qualification Record (DA Form 20) shows he served in the RVN from 12 January 1970 through 6 December 1970.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to H Troop, 17th Cavalry, 198th Infantry Brigade, during the period 24 January 1970 through 
30 November 1970, performing duties in MOS 11D as a scout observer.  It also shows he received no less than "Excellent" conduct and efficiency ratings at all of his active duty assignments.  

4.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows he earned the following awards during his active duty tenure:  Army Commendation Medal (ARCOM), Combat Infantryman Badge (CIB); National Defense Service Medal (NDSM); Vietnam Service Medal (VSM); RVN Campaign Medal (RVNCM) with 1960 Device; Expert Marksmanship Qualification Badge with Rifle (M-16) Bar; and Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar. His Military Personnel Records Jacket (MPRJ) is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM).  

5.  The applicant's Military Personnel Record Jacket (MPRJ) contains Headquarters, 23rd Infantry Division, General Orders Number 16599, dated 
24 December 1970.  This document awarded him the Bronze Star Medal (BSM) for his meritorious service in connection with military operations against a hostile force during the period January 1970 – December 1970.

6.  On 21 July 1971, the applicant was honorably released from active duty.  The 
DD Form 214 he was issued at the time confirms he completed a total of 
2 years of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he earned the following awards during his active duty tenure:  NDSM, VSM with 2 Bronze Service Stars; RVNCM; CIB; ARCOM; Expert Marksmanship Qualification Badge with Rifle (M-16) Bar; and Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar. 

7.  During the processing of this case, a member of the Board’s staff reviewed the Department of the Army (DA) Vietnam Casualty Roster.  This search revealed an entry confirming the applicant was wounded in action in the RVN on 19 January 1970.
8.  The applicant provides a PH Certificate which shows that on 20 July 1970, the 91st Evacuation Hospital awarded him the PH for wounds he received in action on 19 July 1970.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the PH is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action that the wound required treatment by military medical personnel, and a record of this medical treatment must have been made a matter of official record.  

10.  Paragraph 2-13 of the awards regulation contains guidance on the VSM.  It states, in pertinent part, that a bronze service star is authorized for each campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of RVN campaigns and shows that during the applicant's tenure of assignment, participation credit was granted for the Vietnam Winter-Spring, DA Sanctuary Counteroffensive Phase, and Vietnam Counteroffensive Phase VII campaigns. 

11.  Chapter 4 of the awards regulation prescribes the policy for award of the 
AGCM.  It states, in pertinent part, that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years, except in those cases when the period for the first award ends with the termination of a period of Federal military service, in which case a period of more than 1 year is a qualifying period.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.  

12.  DA Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during the applicant’s tenure of assignment in the RVN, his unit (H Troop 17th Cavalry) was awarded the RVN Gallantry Cross with Palm Unit Citation in DAGO Number 42, dated 1972.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he is entitled to award of the PH was carefully considered and found to have merit.  The evidence of record confirms he was wounded in action in the RVN on 10 August 1970, as evidenced by a PH certificate contained in his MPRJ and an entry on the Vietnam Casualty Roster, the official DA list of RVN battle casualties.  Therefore, it would be appropriate to add his award of the PH to his record and separation document at this time.  


2.  The applicant's record also contains orders awarding him the BSM for meritorious service in the RVN during the period January 1970 through December 1970.  Therefore, it would be appropriate and serve the interest of equity and justice to add the BSM to his record and separation document at this time.  

3.  The evidence of record further confirms the applicant received “Excellent” conduct and efficiency ratings at all of his active duty assignments, and his record is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  Therefore, it would be appropriate to award him the first award of the AGCM, for his qualifying period of honorable active duty service from 22 July 1969 through 21 July 1971.

4.  The evidence of record also shows that based on his RVN service and campaign participation, he is entitled to the RVN Gallantry Cross with Palm Unit Citation, RVNCM w/60 Device and 3 bronze service stars to wear with his VSM.  Therefore, it would also be appropriate to add these awards to his record and separation document.  

BOARD VOTE:

____x___  ___x ____  ____x__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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.  awarding him the Army Good Conduct Medal, for his qualifying honorable active duty service from 22 July 1969 through 21 July 1971; 
      
      b.  showing his entitlement to the Bronze Star Medal; 
      
      
c.  amending Item 24 of his 21 July 1971 DD Form 214 by deleting the current list of awards and replacing it with the entry "National Defense Service Medal, Purple Heart, Bronze Star Medal, Army Commendation Medal, Combat Infantryman Badge, Army Good Conduct Medal, Vietnam Service Medal w/3 Bronze Service Stars, Republic of Vietnam Campaign Medal with 1960 Device, Expert Marksmanship Qualification Badge with Rifle (M-16) Bar, and Sharpshooter Marksmanship Qualification Badge with Rifle (M-14); and

      d.  providing him a correction to his separation document that includes these changes.




       _    __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.

ABCMR Record of Proceedings (cont)                                         AR20080006195



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ABCMR Record of Proceedings (cont)                                         AR20080006195



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