IN THE CASE OF:	  

		BOARD DATE:	  16 October 2008

		DOCKET NUMBER:  AR20080012948 


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), Army Good Conduct Medal (AGCM), Air Medal (AM), and the Republic of Vietnam Gallantry Cross (RVNGC) with Palm Unit Citation.

2.  The applicant states, in effect, that his separation document (DD Form 214) dated 24 January 1966, was prepared using temporary records and as a result, it does not include the PH, AGCM, AM, and RVNGC with Palm Unit Citation in Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized). 

3.  The applicant provides no documentary evidence 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 25 January 1963, and that he was trained in and awarded millitary occupational specialty (MOS) 67U (Helicopter Mechanic).  His Personnel Qualification Record (DA Form 2-1) shows he served in the Republic of Vietnam (RVN) from 23 April 1964 through 26 April 1965.  Item 9 (Awards, Decorations & Campaigns) includes the AM, PH, AGCM, Vietnam Service Medal (VSM), RVN Campaign Medal (RVNCM), and RVNGC with Palm Unit Citation. 

3.  The applicant's Official Military Personnel File (OMPF) contains orders published by Delta Aviation Battalion, RVN on 28 April 1964, which confirm he was attached to the 544th Transportation Detachment for duty during his RVN tour.  It also contains orders, issued by the United States Army Support Command, Vietnam, which awarded him the AM for meritorious achievement in flight during the period 11 May through 30 June 1964.  

4.  The applicant's OMPF also contains a Casualty Report, dated 8 August 1964, which shows the applicant was wounded in action in the RVN on 8 August 1964. It indicates the applicant was hit by ground fire during hostile action which resulted in a puncture to his inferior aspect of his left scapula.

5.  The applicant’s record contains no derogatory information or unit commander disqualification that would have precluded him from being awarded the AGCM.  The records does contain an unsigned Official Statement, dated 18 May 1977, which indicates he was entitled to the AGCM.

6.  On 24 January 1966, the applicant was honorably released from active duty (REFRAD) after completing a total of 3 years of active military service.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued contains the entry "None" and Item 32 (Remarks) contains the entry "EM [enlisted member] separated on temporary records and Soldier's affidavit."  

7.  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 8 August 1964.

8.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 2-10 contains guidance on the National Defense Service Medal (NDSM).  It states, in pertinent part, that it is authorized for any period of honorable active service between 1 January 1961 and 14 August 1974.  


9.  Paragraph 2-13 of the awards regulation contains guidance on the VSM.  It states, in pertinent part, that a bronze service star is authorized with this award for each RVN campaign a member is credited with participating in.  Paragraph
2-13 contains guidance on the VSM.  It states, in pertinent part, that a bronze service star is authorized with this award for each RVN campaign a member is credited with participating in.  

10.  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 normal qualifying period is 3 years; however, for the first award only, upon termination of service on or after 27 June 1950, a period of more than 1 but less than 3 years is a qualifying period.   Although there is no automatic entitlement to the AGCM, disqualification must be justified.

11.  Paragraph 9-19 of the awards regulation contains guidance on the RVN Campaign Medal (RVNCM).  It states, in pertinent part, that it is awarded for completion of six months of service in the RVN during the period between 
1 March 1961 to 28 March 1973.  It further stipulates that it is awarded with the Device (1960).  

12.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his tenure of assignment in the RVN, the applicant’s unit (544th Transportation Detachment) was awarded the Valorous Unit Award (VUA), and that participation credit was granted for the Vietnam Advisory and Vietnam Defense campaigns.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his record should be corrected to show his entitlement to the PH, AGCM, AM, and RVNGC with Palm Unit Citation was carefully considered and found to have merit.  

2.  The applicant's record includes orders awarding him the AM for his meritorious achievement in flight in the RVN during the period 11 May through 
30 June 1964.  Therefore, it would be appropriate to add this award to his record and separation document at this time. 

3.  The applicant's record also confirms he was wounded in action in the RVN on 8 August 1964, as evidenced by the casualty report in his OMPF and an entry on the Vietnam Casualty Roster.  Therefore, it would be appropriate to award him the PH and to add it to his separation document at this time. 

4.  The applicant's record is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM, and it contains an Official Statement confirming his entitlement to the AGCM.  Although, the statement is unsigned, given the absence of any disqualifications, it would be appropriate and serve the interest of justice and equity to award him the AGCM for his qualifying period of honorable active duty service from 25 January 1963 through 24 January 1966, and to add this award to his record and DD Form 214 at this time.   

5.  The evidence of record also shows that based on his active duty service during a qualifying period, the applicant is entitled to the NDSM, and that based on his RVN service and campaign participation, he is entitled to the RVNGC with Palm Unit Citation, RVN Campaign Medal with Device (1960), VUA, and
2 bronze service stars with his VSM.  Therefore, it would also be appropriate to add these awards to his record and separation document at this time.  

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 Purple Heart for wounds received in the RVN on 
8 August 1964; 
      
   b.  awarding him the Army Good Conduct Medal, for his qualifying honorable active duty service from 25 January 1963 through 24 January 1966;
      
   c.  amending his DD Form 214 by deleting the entry "None" in Item 26 and by replacing it with the entry "National Defense Service Medal, Purple Heart, Air Medal, Army Good Conduct Medal, Vietnam Service Medal with 2 bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Valorous Unit Award"; and
 
   d.  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)                                         AR20080012948



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ABCMR Record of Proceedings (cont)                                         AR20080012948


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