IN THE CASE OF:	  

		BOARD DATE:	        28 October 2008

		DOCKET NUMBER:  AR20080005384 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Purple Heart and Bronze Star Medal (BSM).

2.  The applicant states, in effect, that he earned these awards and they are not shown on his DD Form 214. 

3.  The applicant did not provide additional documentary evidence in support of this 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.  On 15 September 1969, the applicant was inducted into the Army of the United States.  He was trained in, awarded, and served in military occupational specialty (MOS) 11D (Armor Recondo Specialist).  He attained the grade of specialist four/E-4.  On 8 September 1971, he was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).  On 1 September 1975, he was honorably discharged from the USAR upon completion of his statutory military obligation.

3.  The applicant served in the Republic of Vietnam (RVN) from 19 September 1970 through 6 September 1971.  He performed duties as a scout observer with Troop B, 3rd Squadron, 5th Cavalry, 9th Infantry Division. 

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Purple Heart or BSM.  

5.  The Vietnam Casualty Roster shows the applicant's casualty status code was "24."  This code indicates the status "hostile wounded in action, not serious, not hospitalized."  The Vietnam Casualty Roster also shows he was wounded on 
10 March 1971.  
 
6.  General Orders Number 8497, Department of the Army (DA), Headquarters (HQ), 101st Airborne Division (Airmobile), dated 13 August 1971, awarded the applicant the BSM for meritorious service in the Republic of Vietnam during the period September 1970 – September 1971.

7.  Review of the applicant's record indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

8.  The applicant's records show that he received ratings of excellent in conduct and efficiency.  There is no evidence the applicant was disqualified for award of the Army Good Conduct Medal (AGCM).

9.  Army Regulation 672-5-1, in effect at the time, provides that the AGCM is awarded to individuals who have completed a qualified 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.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to
22 November 1955 are not disqualifying.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 42, dated 1972.

11.  The applicant's records show he was awarded the Vietnam Service Medal.  However, his DD Form 214 does not show any bronze service stars indicating campaign credit.  His records indicate he participated in 1 campaign, the Vietnam Counteroffensive Phase VII campaign.

12.  Appendix B of Army Regulation 600-8-22 lists all approved Army campaigns, including campaigns of the Vietnam War.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's name is on the Vietnam Casualty Roster showing that he was wounded in action against the enemy on 10 March 1971.  Therefore, he is entitled to award of the Purple Heart and to have his record corrected to show this award.

2.  General Orders awarded the applicant the BSM which is not shown on his DD Form 214.  Therefore, he is entitled to have his record corrected to show this award.

3.  The applicant completed a qualifying period of service for the first award of the AGCM.  There is no evidence in the available records which show the applicant was disqualified for this award.  Therefore, the applicant is entitled to award of the AGCM for the period 15 September 1969 through 8 September 1971 and to correction of his records to show the award of the AGCM (First Award).

4.  General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross With Palm Unit Citation which is not shown on his DD Form 214. Therefore, he is entitled to have his records corrected to show this foreign unit award.

5.  Evidence of record shows that the applicant participated in 1 campaign during his service in the RVN.  Therefore, he is eligible for award of 1 bronze service star to be affixed on his already-awarded Vietnam Service Medal. 


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 Purple Heart and correcting the record to show this award;

	b.  adding the already-awarded BSM to the record;

	c.  awarding the AGCM (First Award) for the qualifying period of 
15 September 1969 through 8 September 1971 and correcting the record to show this award;

	d.  authorizing the Republic of Vietnam Gallantry Cross with Palm Unit Citation and correcting the record to show this award; and 

	e.  deleting the "Vietnam Service Medal" from his DD Form 214 and adding the "Vietnam Service Medal with 1 bronze service star."


																XXX
      ______________________
               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)                                         AR20080005384



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ABCMR Record of Proceedings (cont)                                         AR20080005384



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