IN THE CASE OF:	  

		BOARD DATE:	        3 September 2008

		DOCKET NUMBER:  AR20080010216 


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 records to show award of the Silver Star, the Purple Heart, the Combat Infantryman Badge, and four campaign medals [sic] (bronze service stars). 

2.  The applicant states that the requested awards are not shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  DD Form 214, dated 19 August 1969.

	b.  Certificate, dated 22 May 1970, showing award of the Purple Heart.

	c.  Headquarters, 9th Infantry Division, General Orders Number 9910, dated 11 July 1969, showing award of the Silver Star.

	d.  Headquarters, 9th Infantry Division, General Orders Number 103, dated 13 April 1969, showing award of the Combat Infantryman Badge.

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 11 April 1967 (erroneously shown as 10 April 1967 on his DD Form 214) for a period of 3 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The highest rank he attained during his military service was specialist five (SP5)/E-5.  He was placed on the Temporary Disability Retired List (TDRL) on 19 August 1969 and was subsequently permanently retired by reason of physical disability on 29 February 1972. 

3.  The applicant’s records show he arrived in the Republic of Vietnam on 19 January 1969 and was assigned to B Company, 2nd Battalion, 60th Infantry.  He was wounded in action on 14 May 1969 and was transferred to Camp Drake Hospital in Japan on 17 May 1969.  He was subsequently transferred to a military hospital at Fort Meade, Maryland, where he was placed on the TDRL on 19 August 1969.

4.  Item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the National Defense Service Medal and the Vietnam Service Medal.  Item 24 does not show award of the Silver Star, the Purple Heart, the Combat Infantryman Badge, and/or his four bronze service stars.

5.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows the entry “Gunshot wound, left arm and chest, 14 May 1969.” 

6.  The applicant's name is shown on the Vietnam Casualty Roster under code "22" indicating he was wounded in action and that his wounds were serious enough to require hospitalization.

7.  The applicant's records contain a Department of the Army message, dated 17 May 1969, stating that the applicant was seriously wounded in combat.  He suffered multiple fragment wounds to his left arm, fracture left ulna and radius, and a gunshot wound to his chest, when he engaged hostile forces in a fire fight 

while on a reconnaissance in force mission.  He was initially hospitalized at the 3rd Field Hospital in the Republic of Vietnam and was subsequently evacuated to Japan.    

8.  The applicant's records also contain a Western Union Telegram, dated 17 May 1969, informing the applicant's parents that he was wounded in action in the Republic of Vietnam on 14 May 1969 by weapons fire while on a combat operation when he encountered a hostile force.  He received a wound to the chest and multiple wounds to his left arm with resultant fractures of the left radius and ulna.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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 by medical personnel, and the medical treatment must have been made a matter of official record.

10.  Headquarters, 9th Infantry Division, General Orders Number 9910, dated 11 July 1969 show the applicant was awarded the Silver Star for gallantry in action involving close combat with an armed hostile force in the Republic of Vietnam, on 14 May 1969.  The narrative portion of the order states, in pertinent part, "When two NVA [North Vietnamese Army] soldiers advanced on the maneuvering man, he [applicant] boldly stood and eliminated both with his accurate fire.  As he did so he received wounds...."

11.  Headquarters, 9th Infantry Division, General Orders Number 42, dated 11 February 1969, show the applicant was awarded the Combat Infantryman Badge.

12.  Item 24 of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.

13.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the applicant participated in the Vietnam Counteroffensive and the Tet 69 Counteroffensive, 1969 campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

14.  Review of the applicant's records indicates his entitlement to additional awards that are not shown on his DD Form 214.

15.  Headquarters, 9th Infantry Division, General Orders Number 5085, dated 29 April 1969 shows the applicant was awarded the Army Commendation Medal, for outstanding achievement in connection with military operations against a hostile force in the Republic of Vietnam from January 1969 to April 1969.

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that B Company, 2nd Battalion, 60th Infantry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Department of the Army General Orders Number 59, dated 1969; and the Republic of Vietnam Civil Actions Honor Medal-First Class, Unit Citation, based on Department of the Army General Orders Number 59, dated 1969.

17.  Headquarters, 3rd Battalion, 5th Infantry, Fort Kobbe, Panama, Special Orders Number 26, dated 31 July 1968 shows the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), on 19 July 1968.

18.  Headquarters, 3rd Battalion (Airborne), 508th Infantry, Fort Kobbe, Panama, Special Orders Number 86, dated 19 April 1968, shows the applicant was awarded the Marksman Marksmanship Qualification Badge with Pistol Bar      (.45 Caliber), on 13 April 1968.

19.  Headquarters, 80th Ordnance Battalion (Ammunition) (Direct Support), Special Orders Number 20, dated 21 February 1968, shows the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

20.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Good Conduct Medal.  Furthermore, Item 38 (Record of Assignment) of the applicant’s DA Form 20 shows he received an “Excellent” conduct and efficiency ratings throughout his military service. 

21.  Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal 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.

22.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal.  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant sustained serious wounds to his chest and multiple wounds to his left arm as a result of hostile action in the Republic of Vietnam on 14 May 1969; that he was treated by medical personnel; and that his treatment was made a matter of official record.  Therefore, sufficient evidence exists to show that he is entitled to award of the Purple Heart and correction of his records to show this award.

2.  General Orders awarded the applicant the Silver Star for gallantry in action involving close combat with an armed hostile force in the Republic of Vietnam.  This award is not shown on his records; therefore, he is entitled to correction of his records to show this award.

3.  Special Orders awarded the applicant the Combat Infantryman Badge which is not shown on his records; therefore, he is entitled to correction of his records to show this award.

4.  General Orders show the applicant was awarded the Army Commendation Medal for outstanding achievement in connection with military operations against a hostile force in the Republic of Vietnam, which is not shown on his records; therefore, he is entitled to have his records corrected to show this award.

5.  General Orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, which are not shown on his records; therefore, he is entitled to have his records corrected to show these awards.


6.  Special Orders awarded the applicant the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber), the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), which are not shown on his records; therefore, he is entitled to correction of his records to show these awards.

7.  The evidence of record confirms that the applicant served honorably during the period from 11 April 1967 to 19 August 1969.  He served in the Republic of Vietnam, attained the rank/grade of SP5/E-5, and was awarded the Silver Star, the Purple Heart, and the Army Commendation Medal.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

8.  The evidence of record shows that the applicant served in the Republic of Vietnam from 19 January 1969 to 17 May 1969.  He was wounded in combat and was medically evacuated as a result of his wounds.  Therefore, he served a qualifying period for award of the Republic of Vietnam Campaign Medal and is entitled to correction of his records to show this award. 

9.  With respect to the applicant’s campaign participation credit, the evidence of record shows that the applicant participated in two campaigns during his military service in the Republic of Vietnam.  It is clear that the applicant was medically evacuated from Vietnam as a result of his wounds and could not have participated in subsequent campaigns.  Therefore, he is entitled to award of two bronze service stars to be affixed to the Vietnam Service Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__xxx___  __xxx___  __xxx___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 Purple Heart for wounds received in action on 14 May 1969 in the Republic of Vietnam;

	b.  awarding the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 10 April 1967 to 19 August 1969; and

	c.  showing award of the Purple Heart, the Silver Star, the Army Commendation Medal, the Combat Infantryman Badge, the Good Conduct Medal (1st Award), the Republic of Vietnam Campaign Medal, the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber), the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.


															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)                                         AR20080010216



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080010216



7


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1