IN THE CASE OF:	  

		BOARD DATE:	  14 August 2008

		DOCKET NUMBER:  AR20080009726 


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) and Bronze Star Medal (BSM).

2.  The applicant states, in effect, that the PH and BSM should be added to the list of awards contained on his separation document (DD Form 214).

3.  The applicant provides PH and BSM Certificates, and a BSM Citation 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 enlisted into the Regular Army and entered active duty on 9 June 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 private first class (PFC).  His Enlisted Qualification Record (DA Form 20) shows he served in the Republic of Vietnam (RVN) from 9 November 1969 through 3 November 1970.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to C Troop, 3rd Squadron, 5th Cavalry Regiment, and that he received no less than "Excellent" conduct and efficiency ratings at all of his active duty assignments.  

3.  The applicant's qualification records also show he earned the following awards during his active duty tenure:  National Defense Service Medal (NDSM); Vietnam Service Medal (VSM) with 1 bronze service star; Combat Infantryman Badge (CIB); Army Commendation Medal (ARCOM); Republic of Vietnam Campaign Medal (RVNCM) with1960 Device; Army Reserve Component Achievement Medal (ARCAM); and Expert Marksmanship Qualification Badge with Rifle Bar.  

4.  The applicant's record contains orders (Headquarters, 1st Infantry Brigade, 
5th Infantry Division (Mechanized) General Orders (GO) Number (#) 1520, dated 23 August 1970), which awarded him the PH for wounds received in action in the RVN on 20 July 1970.  It also contains orders (Headquarters, 1st Infantry Brigade, 5th Infantry Division (Mechanized) GO # 1852, dated 12 October 1970), which awarded him the BSM, for his meritorious service during the period November 1969 through November 1970.  His record is void of any derogatory information or a unit commander disqualification that would have precluded the applicant from receiving the Army Good Conduct Medal (AGCM).  

5.  On 3 September 1971, the applicant was honorably released from active duty, in the rank of PFC, after completing 2 years and 17 days of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows he earned the following awards during his active duty tenure:  NDSM; VSM with 1 bronze service star; ARCOM;CIB; Expert Marksmanship Qualification Badge with Rifle (M-16) Bar; and Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar.  

6.  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 20 July 1970.

7.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 2-8, states 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.  

8.  Paragraph 3-13 of the awards regulation contains guidance on award of the BSM.  It states, in pertinent part, that the BSM is awarded to any person who, while serving in any capacity in or with the Army of the United States after 6 December 1941, distinguished himself or herself by heroic or meritorious achievement or service.

9.  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.  

10.  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 (C Troop, 3rd Squadron, 5th Cavalry Regiment ) was awarded the RVN Gallantry Cross with Palm Unit Citation in DAGO Number 42, dated 1972.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention of entitlement to award of the PH and BSM was carefully considered and found to have merit.  The evidence of record includes orders awarding the applicant the PH for being wounded in action in the RVN on 20 July 1970, and that awarded him the BSM for his meritorious service during the period November 1969 through November 1970.  Therefore, it would be appropriate and serve the interest of equity and justice to add the PH and BSM to his record and DD Form 214 at this time.

2.  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 9 June 1969 through 3 September 1971.

3.  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 and 4 bronze service stars 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 9 June 1969 through 3 September 1971;

   b.  amending Item 24 of his 3 September 1971 DD Form 214 by deleting the current list of awards and replacing it with the entry "National Defense Service Medal, Bronze Star Medal, Purple Heart, Army Commendation Medal, Army Good Conduct Medal, Vietnam Service Medal with 4 bronze service stars, Republic of Vietnam Campaign Medal with 1960 Device, Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Rifle (M-16) Bar, and Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar"; and 
   
   c. 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)                                         AR20080009726



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ABCMR Record of Proceedings (cont)                                         AR20080009726


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