RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:		


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.










The following members, a quorum, were present:














	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that the Vietnam Service Medal be added to his DD Form 214, Armed Forces of the United States, Report of Transfer or Discharge.

2.  The applicant states, in effect, that he served in Vietnam from 26 July 1968 through 25 July 1969.

3.  In support of his request, the applicant provides a copy of 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 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 records show he enlisted in the Regular Army on 29 February 1968.  He completed basic combat training and his advanced individual training at Fort Knox, Kentucky.  After completing all required training, he was awarded the military occupational specialty (MOS), 11D (Armor Intelligence Specialist).

3.  The applicant served in Vietnam from 26 July 1968 through 25 July 1969, with A Troop, 1st Squadron, 10th Cavalry Regiment, 4th Infantry Division.

4.  The applicant was honorably released from active duty, on 22 February 1971, under the provisions of Army Regulation (AR) 635-200, early release of overseas returnee.  He was released from active duty in the rank and pay grade, Sergeant, E-5.  On the date he was released from active duty, he had completed 2 years, 11 months, and 24 days active military service, with no time lost.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214, shows he was awarded:  the Purple Heart; the Army Commendation Medal; the National Defense Service Medal; the Republic of Vietnam Campaign Medal; the Combat Infantryman Badge; the Expert Marksmanship Qualification Badge, with Automatic Rifle Bar [M-16 Rifle]; and the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar [M-14 Rifle].  The Vietnam Service Medal is not shown on the applicant's DD Form 214.

6.  The applicant was awarded the Purple Heart by General Orders Number 1899, prepared by Headquarters, 4th Infantry Division, on 20 May 1969, for wounds he sustained on 17 May 1969.  This Purple Heart is shown on the applicant's DD Form 214.

7.  An entry appears in Item 40 (Wounds), of the applicant's DA Form 20, Enlisted Qualification Record, showing he received a fragmentation wound to the right arm in action against a hostile force on 11 July 1969.

8.  On 18 July 1969, the 26th Casualty Staging Flight (PACAF [Pacific Air Force]) published Special Orders A-209 medically evacuating the applicant to Ireland Army Hospital, Fort Knox.  Item 38, of the applicant's DA Form 20, shows the applicant was assigned to the Medical Holding Company, Ireland Army Hospital, until 22 September 1969.

9.  There is an entry in Item 41 (Awards and Decorations), of the applicant's DA Form 20, showing he was awarded the Vietnam Service Medal.  It appears it was inadvertently not transposed to his DD Form 214 on his release from active duty.

10.  There is no entry in Item 41 showing that the applicant was awarded the Purple Heart, with oak leaf cluster.

11.  There are no orders in the applicant's military personnel records awarding him the Purple Heart, with oak leaf cluster.

12.  The applicant's name appears on the Vietnam Casualty List; however, only for the wound he sustained on 17 May 1969 for which he was awarded the Purple Heart.

13.  The applicant had "excellent" conduct and efficiency ratings throughout his time in the Army.  There is no evidence of indiscipline or a breach of good order while he served on active duty.  There is no record that he was subjected to either nonjudicial punishment or to court-martial.  There is no entry in Item 42 (Remarks), of the applicant's DA Form 20, Enlisted Qualification Record, to indicate that he was disqualified from award of the Good Conduct Medal.

14.  The applicant served in Vietnam; however, his DD Form 214 does not show his entitlement to the Vietnam Service Medal, with the bronze service stars to which he is entitled for his service and for his campaign participation.

15.  While in Vietnam, the applicant participated in the following four campaigns:  the Vietnam Counteroffensive, Phase V, which extended from 1 July through 1 November 1968; the Vietnam Counteroffensive, Phase VI, which extended from 2 November 1968 through 22 February 1969; the Tet 69 Counteroffensive, which extended from 23 February through 8 June 1969; and the Vietnam Summer-Fall 1969, which extended from 9 June through 31 October 1969.

16.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, which lists unit awards received by units serving in Vietnam, shows that the unit the applicant was assigned to was awarded the Valorous Unit Award, for the period 8 through 29 May 1969, by Department of the Army General Orders Number 43, dated 1970; the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period October 1966 through 28 July 1969, by DAGO Number 3, dated 1970; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, for the period 1 October 1966 through 31 October 1969, by DAGO 53, dated 1970.

17.  AR 600-8-22 provides, in pertinent part, that the Purple Heart 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, the wound must have required treatment, and the medical treatment must have been made a matter of official record.  This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.

18.  AR 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This 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. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

19.  AR 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in its Appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal.

20.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S. and foreign unit awards.  This regulation states that a Soldier may wear the unit award permanently if the individual was assigned to, and present for duty with the unit any time during the period cited; or was attached by competent orders to, and present for duty with the unit during the entire period, or for at least thirty consecutive days of the period cited.

21.  AR 672-5-1, in effect at the time of the applicant's separation provides that the Good Conduct Medal 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.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  To be eligible for award of the Good Conduct Medal, Soldiers must meet all of the following criteria:  all conduct (character) and efficiency ratings must be recorded as "Excellent" except that ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

DISCUSSION AND CONCLUSIONS:

1.  Despite the lack of appropriate general orders, the evidence of record shows that the applicant was wounded a second time while he served on active duty in Vietnam.  Item 40 of this DA Form 20 shows he received fragmentation wounds to his right arm on 11 July 1969.  The evidence of record shows he was medically evacuated as a result of these wounds.  The applicant was assigned to the Medical Holding Company at Ireland Army Hospital in a patient status from 24 July 1969 through 22 September 1969.  Based on the evidence, he is therefore entitled to award of the Purple Heart, with oak leaf cluster, and to have this award added to his DD Form 214.

2.  The applicant consistently had "Excellent" conduct and efficiency ratings throughout his active duty service.  He attained the rank and pay grade of 

Sergeant, E-5, and there is no record of lost time in his service personnel records.  The applicant earned the Purple Heart and the Combat Infantryman Badge, on the battlefield in Vietnam.  Based on this excellent record of service, he is eligible for award of the Good Conduct Medal for the period 29 February 1968 through 22 February 1971 and to have it added to his DD Form 214.

3.  The applicant served in Vietnam and participated in four campaigns.  He is therefore entitled to award of Vietnam Service Medal, with four bronze service stars, and to have this award added on his DD Form 214.

4.  The applicant served in a unit, which was cited for award of the Valorous Unit Award, the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, while he was a member of the unit.  He is therefore entitled to these unit awards and to have them added to his DD Form 214.

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 the applicant the Good Conduct Medal, for the period 29 February 1968 through 22 February 1971, and the Purple Heart, with oak leaf cluster, for a wound he sustained on 11 July 1969, and adding these awards to his DD Form 214;

b.  awarding the applicant the Vietnam Service Medal, with four bronze service stars, to denote his service and his participation in four campaigns while he served in Vietnam, and adding this award to his DD Form 214; and 

c.  awarding the applicant the Valorous Unit Award, the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, and adding these unit awards to his DD Form 214.




_____  x        _________
          CHAIRPERSON