IN THE CASE OF:	  

		BOARD DATE:	        02 OCTOBER 2008

		DOCKET NUMBER:  AR20080011397 


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 two awards of the Purple Heart.

2.  The applicant states, in effect, that due to clerical error these awards 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 4 January 1967, the applicant was inducted into the Army of the United States.  He was trained in, awarded, and served in military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He attained the grade of sergeant/
E-5.  On 17 December 1968, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  On 1 January 1973, 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 29 June 1967 through 28 June 1968.  He performed duties as a rifleman and squad leader with Headquarters and Headquarters Company, 5th Battalion, 60th Infantry Regiment and the 52nd Security Detachment.

4.  General Orders Number 7290, Headquarters, 9th Infantry Division, dated 
12 December 1967, awarded the applicant the Purple Heart for wounds received in connection with military operations against a hostile force on 18 November 1967.  This award is not shown on the applicant's DD Form 214.

5.  The Vietnam Casualty Roster shows the applicant's casualty status code was "23."  This code indicates the status "hostile wounded in action, not serious hospitalized."  The Vietnam Casualty Roster also shows he was wounded on 
18 November 1967 and 10 March 1968.

6.  The applicant's official record does not contain any orders awarding him the second award of the Purple Heart for his wounds sustained on 10 March 1968.

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 AGCM.

9.  Army Regulation 672-5-1 (Military Awards), 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 43, dated 1970; 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. 

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 3 campaigns, the Vietnam Counteroffensive Phase III, the TET Counteroffensive, and the Vietnam Counteroffensive Phase IV campaigns.   

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.

13.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that the first oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  General Orders awarded the applicant the Purple Heart for wounds sustained in action on 18 November 1967.  In addition, the Vietnam Casualty Roster shows that the applicant was also wounded in action on 10 March 1968.  Therefore, he is entitled to award of the Purple Heart (First Oak Leaf Cluster) and to have his record corrected to show these awards.

2.  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 4 January 1967 through 17 December 1968 and to correction of his records to show the award of the AGCM (First Award).

3.  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.


4.  General Orders awarded the applicant's unit the Republic of Vietnam Civil Actions Honor Medal First Class 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 3 campaigns during his service in the RVN.  Therefore, he is eligible for award of 3 bronze service stars to be affixed to his already-awarded Vietnam Service Medal. 

BOARD VOTE:

__XXX __  __XXX__  __XXX__   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 (First Oak Leaf Cluster) and correcting the record to show these awards;

	b.  awarding the applicant the AGCM (First Award) for the qualifying period of 4 January 1967 through 17 December 1968 and correcting the record to show this award;

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

	d.  authorizing the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and correcting the record to show this award; and





	e.  deleting the "Vietnam Service Medal" from his DD Form 214 and adding "Vietnam Service Medal with 3 bronze service stars."



      ___        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)                                         AR20080011397



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ABCMR Record of Proceedings (cont)                                         AR20080011397



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