IN THE CASE OF:	  

		BOARD DATE:	       9 December 2008

		DOCKET NUMBER:  AR20080014175 


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 Purple Heart, the Bronze Star Medal, the Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar, the Marksman Marksmanship Qualification Badge with Rifle Bar, and the Expert Marksmanship Qualification Badge with Machinegun Bar.

2.  The applicant states, in effect, that the above awards were left off his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) due to an administrative oversight.

3.  The applicant provides a copy of his DD Form 214, dated 13 October 1970, in support of his application. 

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel did not make a request and/or statement, or provide any additional documentary evidence in support of the applicant's request.

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 was inducted into the Army of the United States on 12 March 1969.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11D (Armor Reconnaissance Specialist).  He was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) on 13 October 1970.  The highest rank he attained during this period of military service was sergeant (SGT)/E-5.

3.  The applicant's records also show he served in the Republic of Vietnam from 3 September 1969 to 13 October 1970.  He was assigned to B Troop, 1st Squadron, 1st Cavalry, Americal Division.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), the Vietnam Service Medal, the Army Commendation Medal, the Republic of Vietnam Campaign Medal [with Device (1960)], and the Combat Infantryman Badge.  

5.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the entry “FW (R) Shoulder 29 JUL 70” indicating that the applicant suffered a fragment wound to his right shoulder on 29 July 1970.  

6.  The applicant's name is shown on the Vietnam Casualty Roster under code "25" indicating he was wounded in action but did not require hospitalization.  The roster lists the date of injury as 29 July 1970.

7.  There are no general orders in the applicant's records that show he was awarded the Purple Heart or the Good Conduct Medal.  Furthermore, there are no special orders in his records that show he was awarded the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.  


8.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS) an index of general orders issued during the Vietnam era between 
1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command failed to reveal any orders for the Purple Heart or the Good Conduct Medal.

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, Americal Division, General Orders Number 10186, dated 7 August 1970 show the applicant was awarded the Bronze Star Medal for meritorious service in connection with ground operations against a hostile force in the Republic of Vietnam from September 1969 to September 1970.

11.  Headquarters, U.S. Army Training Center, Armor, Fort Knox, Kentucky, Special Orders Number 113, dated 23 April 1969 show the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). 

12.  Headquarters, U.S. Army Training Center, Infantry, Fort Polk, Louisiana, Special Orders Number 140, dated 13 June 1969 show the applicant was awarded the Expert Marksmanship Qualification Badge with Machinegun Bar  (M-60) on 4 June 1969.

13.  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 excellent conduct and efficiency ratings throughout his military service, except during short periods of non-rated time while in a student status.  

14.  Army Regulation 672-5-1 (Military Awards), 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.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 1st Battalion, 1st Cavalry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 42, dated 1972.

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

17.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Summer-Fall 1969; the Vietnam Winter-Spring 1970; the DA Sanctuary; and the Vietnam Counteroffensive, Phase VII 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.

18.  Army Regulation 600-8-22 sets forth the requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.  Chapter 8 of the current version of the regulation states, in pertinent part, that Permanent Orders are not required for award of the Marksmanship badges.  Approval of marksmanship badges may be announced via memorandum, letter, roster, or other locally devised form. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant sustained a fragment wound to his right shoulder on 29 July 1970 and that his name appears on the Vietnam Casualty Roster as being wounded as a result of hostile action on 29 July 1970.  Therefore, there is sufficient evidence to show that he is entitled to award of the Purple Heart and correction of his records to show this award.

2.  General Orders show the applicant was awarded the Bronze Star Medal for meritorious service in connection with ground operations against a hostile force in the Republic of Vietnam which is not shown on his records; therefore, he is entitled to correction of his records to show this 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 records; therefore, he is entitled to correction of his records to show this award.

4.  Special Orders show that the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60), which are not shown on his records; therefore, he is entitled to correction of his records to show these badges.

5.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of four bronze service stars to be affixed to the Vietnam Service Medal.

6.  The evidence of record confirms that the applicant served honorably during the period 12 March 1969 to 13 October 1970.  He attained the rank of sergeant, served in the Republic of Vietnam, and was awarded the Purple Heart and the Bronze Star 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.

7.  With respect to the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar, there is no evidence and the applicant has provided none to show he qualified with an Automatic Rifle and/or was awarded the Marksman Marksmanship Qualification Badge for this weapons system.  Therefore, there is no evidence upon which to base award of the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ___X____  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 29 July 1970, in the Republic of Vietnam; 

	b.  awarding the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 12 March 1969 to 13 October 1970; and
	c.  showing award of the Purple Heart, the Bronze Star Medal, the Good Conduct Medal (1st Award), the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four 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 the applicant's request for award of the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.


																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)                                         AR20080014175



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ABCMR Record of Proceedings (cont)                                         AR20080014175



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