IN THE CASE OF:	  

		BOARD DATE:	       4 November 2008

		DOCKET NUMBER:  AR20080010476 


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 records be corrected to show award of the Purple Heart.

2.  The applicant states, in effect, that through an administrative error his Purple Heart was left off of his DD Form 214 (Report of Transfer or Discharge).

3.  The applicant provides copies of his DD Form 214 and a Certificate of Award of the Purple Heart.

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 service medical and dental records are believed to be on permanent loan to the Department of Veterans Affairs and are not available for review.

3.  The applicant entered active duty on 26 September 1968, completed training, and was awarded the military occupational specialty (MOS) 11F (Infantry Intelligence Operator).

4.  Headquarters, US Army Training Center and Fort Polk Special Orders Number 015, dated 20 January 1969, awarded the Marksman Marksmanship Qualification Badge with Recoilless Rifle Bar for proficiency with the 106 mm recoilless rifle.

5.  Headquarters, US Army Training Center and Fort Polk Special Orders Number 015, dated 7 February 1969, awarded the Sharpshooter Marksmanship Qualification Badge with Recoilless Rifle Bar for proficiency with the 90 mm recoilless rifle.

6.  He served in Vietnam with Company E, 4th Battalion, 31st Infantry Regiment from 24 September 1969 through 2 September 1970.

7.  His DA Form 20 (Enlisted Qualification Record) lists his awards as the Army Commendation Medal with "V" Device, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with "1960-" Device, the Combat Infantrymen Badge, and the Marksman Marksmanship Qualification Badge with Rifle Bar.  Block 38 (Record of Assignments) records his conduct and efficiency ratings as exclusively excellent.  Block 39 (Campaigns) list participation during one campaign period.  Block 40 (Wounds) shows a fragment wound right leg on 7 June 1970.

8.  His DD Form 214 shows he was honorably separated from active duty on 7 September 1970 as a sergeant (E-5).  It lists his awards as Army Commendation Medal with "V" Device, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with "1960-" Device, the Combat Infantrymen Badge, and the Marksman Marksmanship Qualification Badge with Rifle Bar.

9.  A review of the Vietnam Casualty List failed to locate any reference to the applicant and a review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to locate any indication of an award of the Purple Heart.


10.  The Purple Heart Certificate, provided by the applicant, lists the date he was wounded as 7 June 1970.

11.  Army Regulation 600-8-22 (Military Awards) provides the following pertinent information:

	a.  the Purple Heart is awarded to an individual who is wounded in action against an enemy of the United States, the armed force of a foreign country which is or has been engaged, while serving with a friendly foreign forces against an opposing force even though the U.S. is not engaged, as the result of any act of such enemy or opposing force or as a result an act of any hostile foreign force.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record;

	b.  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.  A record of punishment is not automatically disqualifying.  At that time, a single conduct or efficiency rating of less than excellent was disqualifying; although, a "Good" academic mark in a service school was not disqualifying.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of unfavorable consideration and permits the individual to respond.  At that time, non-favorable consideration was normally noted on the DA Form 20; and 

	c.  a bronze service star, based on qualifying service, for each designated campaign period listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal.  A silver service star is authorized in lieu of five bronze service stars.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, Appendix B indicates he served during the following four campaign periods:  the Vietnam Summer-Fall 1969, 9 June 1969 - 31 October 1969; the Vietnam Winter-Spring 1970; 1 November 1969 – 30 April 1970; the DA Sanctuary Counteroffensive 1 May 1970 - 30 June 1970; and the Counteroffensive Phase VII, 1 July 1970 – 30 June 1971.



12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that while the applicant was assigned to the 4th Battalion, 31st Infantry Regiment, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The notation on the DA Form 20 shows that the applicant was wounded in action and received medical care for this wound.  This taken in combination with the award certificate, it is appropriate to correct the DD Form 214 to reflect his award of the Purple Heart for wounds received on 7 June 1970.

2.  The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his combat service, his conduct and efficiency ratings, his personal decorations, and his promotion to E-5.  The record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the Good Conduct Medal for his period of service from 26 September 1968 through 7 September 1970.

3.  In addition to the awards listed on the DD Form 214 the applicant is also authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Sharpshooter Marksmanship Qualification Badge with Recoilless Rifle Bar, and the Marksman Marksmanship Qualification Badge with Recoilless Rifle Bar.

4.  The applicant served during four campaign periods and is authorized to wear four bronze service stars on his Vietnam Service Medal.

5.  It is appropriate to correct the applicant's DD Form 214 to show the above noted awards. 

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 Purple Heart for wounds received as a result of hostile action on 7 June 1970;

   b.  awarding the applicant the Good Conduct Medal for the period 26 September 1968 through 7 September 1970; and

	c.  showing that, in addition to the awards listed on the DD Form 214, the applicant is authorized the Purple Heart, the Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Sharpshooter Marksmanship Qualification Badge with Recoilless Rifle Bar (90 mm), the Marksman Marksmanship Qualification Badge with Recoilless Rifle Bar (106 mm), and four bronze service stars to be worn on his already-awarded Vietnam Service Medal.



      ___________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)                                         AR20080010476



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080010476



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1