IN THE CASE OF:	 

		BOARD DATE:	  23 September 2008

		DOCKET NUMBER:  AR20080010613 


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, correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his awards of the Purple Heart and the Bronze Star Medal. 

2.  The applicant states, in effect, that he received those awards and they are not reflected on his DD Form 214.  He also states that he did not know they would be important for benefits purposes.   

3.  In support of his application, the applicant provides copies of his certificates for the Purple Heart and the Bronze Star Medal and 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 military records show that he enlisted in the Regular Army, in pay grade E-1, on 27 June 1969, for 2 years.  He completed basic and advanced individual training and was assigned military occupational specialty 11B, light weapons infantryman.  He served in the Republic of Vietnam from 30 May 1970 to 29 May 1971 with Company E, 1st Battalion, 14th Infantry, 4th Infantry Division, for two campaigns.

3.  The applicant submits a copy of a certificate, dated 22 July 1970, that shows he was awarded the Purple Heart, for wounds received in action.  This award is not shown on his DD Form 214.

4.  The applicant’s records also contain Standard Form 502 (Clinical Record), dated 29 July 1970, that shows he was admitted to the 17th Field Hospital for a fragment wound to the left neck in the Republic of Vietnam on 21 July 1970.  

5.  The applicant's records further contain General Orders Number 2065, dated 11 March 1971, awarding him the Bronze Star Medal, for meritorious service in the Republic of Vietnam, from May 1970 to March 1971.  

6.  The applicant also submits a copy of the resulting certificate, dated 10 March 1971, that shows he was awarded the Bronze Star Medal, for meritorious service in the Republic of Vietnam, from May 1970 to March 1971.  This award is not shown on his DD Form 214.

7.  There are no orders in the applicant’s service personnel records that show he was awarded the Purple Heart.  His DA Form 20 (Enlisted Qualification Record), Item 40 (Wounds), shows "FGW (fragment gunshot wound) Throat” on 21 July 1970.  Item 41 (Awards and Decorations) does not list the Purple Heart or the Bronze Star Medal.  

8.  The applicant was released from active duty, in pay grade E-5, on 26 April 1971, and transferred to the United States Army Reserve Control Group (Annual Training).

9.  Entries on his DD Form 214, Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) list the following awards:  the National Defense Service Medal; the Marksman Marksmanship Qualification Badge, with Rifle Bar (M-16); the Vietnam Service Medal; and the Combat Infantryman Badge.  

10.  The Vietnam Casualty Roster lists the applicant’s name on page 443 and shows he was wounded on 21 July 1970.

11.  A review of the Awards and Decorations Computer Assisted Retrieval System of the records of the applicant's units for the timeframe the applicant served in Vietnam was conducted.  This review failed to show any orders were published authorizing award of the Purple Heart to the applicant.  However, the records contained orders published authorizing him award of the Good Conduct Medal for the period 27 June 1969 to 29 May 1971, and the Bronze Star Medal.

12.  Army Regulation 600-8-22 (Military Awards) 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.  The regulation also states that the Purple Heart is not governed by the statute of limitations.

13.  Army Regulation 600-8-22 also 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.  

14.  Army Regulation 600-8-22 further provides, in pertinent part, for award of the Republic of 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 six months or more.  

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that his unit was cited for award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, by Headquarters, Department of the Army General Orders Number 52, dated 1971.

16.  Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  There are no general orders that show the applicant was awarded the Purple Heart.  The evidence of record and the Vietnam Casualty Roster show he was
wounded in hostile action in the Republic of Vietnam on 21 July 1970.  Despite the lack of general orders awarding the applicant the Purple Heart, the evidence shows he was qualified for award of the Purple Heart and he is therefore entitled to have the Purple Heart shown on his DD Form 214.

2.  The applicant also contends that his DD Form 214 should be corrected to show award of the Bronze Star Medal.  The evidence of record confirms he was awarded the Bronze Star Medal on 11 March 1971; however, this award is not shown on his DD Form 214; therefore, it would be appropriate to correct his records to add this award to his DD Form 214.

3.  The evidence of record further shows the applicant was awarded the Good Conduct Medal for the period 27 June 1969 to 29 May 1971.  This award is not shown on his DD Form 214.  The applicant is therefore entitled to correction of his DD Form 214 to show this award.

4.  Based upon his service in Vietnam, which was of a duration longer than six months, the applicant is further entitled to award of the Republic of Vietnam Campaign Medal and to have it shown on his DD Form 214.  General orders also entitled the applicant’s unit to award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, during his tenure of assignment in Vietnam.  This unit award is not shown on his DD Form 214.  Therefore, he is entitled to have his DD Form 214 corrected to show this unit award also.

5.  Evidence of record shows that the applicant participated in two campaigns during his service in Vietnam.  Therefore, he is eligible for award of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal and to have these service stars added to his DD Form 214 at this time.

6.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

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:

   a.  by showing he was awarded the Purple Heart for wounds received in the Republic of Vietnam on 21 July 1970; and by adding the already-awarded Bronze Star Medal and the Good Conduct Medal for the period 27 June 1969 to 29 May 1971; and 
   
	b.  by awarding him the Republic of Vietnam Campaign Medal; the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal; and providing him a corrected separation document that includes these awards.




      _______ _  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)                                         AR20080010613



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1


ABCMR Record of Proceedings (cont)                                         AR20080010613


2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1