IN THE CASE OF:	  

		BOARD DATE:	  12 March 2009

		DOCKET NUMBER:  AR20080014966 


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, that his record and DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to reflect all awards to which he is entitled.

2.  The applicant states, in effect, that he is requesting correction of his DD Form 214 to reflect all medals and awards he is entitled to receive for his service in the Republic of Vietnam (RVN).  He further requests copies of both of his DD Forms 214.  

3.  The applicant provides no documentation 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 Military Personnel Record Jacket (MPRJ) shows he enlisted in the Regular Army and entered active duty on 7 October 1966.  He was trained in, awarded, and served in military occupational specialty (MOS) 63C (Track Vehicle Mechanic) and the highest rank he attained while serving on active duty was specialist.

3.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 9 December 1967 through 6 January 1969.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Headquarters and A Company, 326th Medical Battalion, 101st Air Cavalry Division from 
9 October 1967 through 8 August 1968 performing duties in MOS 63A as a wheel vehicle mechanic helper.  It also shows he was assigned to the 116th Aviation Company during the period 9 August through 18 December 1968 performing duties in MOS 63A as a door gunner.  It further shows he entered a patient status in the Medical Holding Detachment (MHD) at the 106th General Hospital, RVN.  Item 38 also shows he received no less than "Excellent" conduct and efficiency ratings at all of his active duty assignments.  Item 41 (Awards and Decorations) shows he earned the following awards during his active duty tenure: National Defense Service Medal, Parachutist Badge, Vietnam Service Medal, RVN Campaign Medal with 1960 Device, Vietnam Parachutist Badge, Air Medal and 2 Overseas Service Bars. 

4.  The applicant was honorably discharged on 1 August 1968 and immediately reenlisted on 2 August 1968.  A DD form 214 for his first enlistment is not available.

5.  The applicant's MPRJ is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the Army Good Conduct Medal.  

6.  The applicant's MPRJ contains Headquarters, 1st Armored Division, Special Orders Number 174, dated 24 July 1967, that shows the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle M-14.  

7.  The applicant's MPRJ also contains a DA Form 8-274 (Medical Condition-Physical Profile Record), dated 21 May 1969 with an attached consultation sheet. These documents show the applicant was injured as a result of hostile action (IRHA).  He received a gunshot wound to his right leg and right middle finger on 
7 December 1968.  


8.  On 6 February 1970, the applicant was honorably released from active duty and permanently retired for disability.  The DD Form 214 he was issued at the time confirms he completed a total of 1 year, 6 months and 5 days of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he earned the following awards during his active duty tenure:  National Defense Service Medal, Parachutist Badge, Vietnam Service Medal, Vietnam Campaign Medal with 1960 Device, Vietnam Parachutist Badge, Air Medal and 2 Overseas Service Bars.

9.  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 7 December 1968.

10.  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 that the wound required treatment by military medical personnel, and a record of this medical treatment must have been made a matter of official record.  

11.  Paragraph 2-13 of the awards regulation contains guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized for each campaign a member is credited with participating in while serving in the RVN.  One silver service star is worn in lieu of five bronze service stars.  Table  B-1 contains a list of RVN campaigns and shows that during the applicant's tenure of assignment, participation credit was granted for the Vietnam Counteroffensive Phase III, TET Counteroffensive, Vietnam Counteroffensive Phase IV, Vietnam Counteroffensive Phase V and Vietnam Counteroffensive Phase VI campaigns. 

12.  Chapter 4 of the awards regulation prescribes the policy for award of the 
Army Good Conduct Medal.  It states, in pertinent part, that the Army 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, in which case a period of more than 1 year is a qualifying period.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during the applicant’s tenure of assignment in the RVN, his unit (326th Medical Battalion) was awarded the RVN Civil Actions Honor Medal First Class Unit Citation in DAGO Number 48, dated 1971.  His unit (the 116th Aviation Company) was awarded the Valorous Unit Award in DAGO Number 52, dated 1974.  

14.  Department of the Army General Order Number 8, dated in 1974, authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all units assigned to the RVN from 8 February 1962 through 28 March 1973. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his record should be corrected to include all awards to which he is eligible based on his service in the RVN was carefully considered and found to have merit.

2.  The evidence of record confirms the applicant was IRHA in the RVN, on 
7 December 1968.  He sustained gunshot wounds to his right middle finger and right leg as evidenced by the available DA Form 8-274 with the consultation sheet contained in his MPRJ and the entry on the Vietnam Casualty Roster.  Therefore, it would be appropriate to award him the Purple Heart and to add it to his DD Form 214 at this time. 

3.  The available evidence also shows the applicant received “Excellent” conduct and efficiency ratings at all of his active duty assignments, and his record is void of derogatory information or a unit commander disqualification that would have precluded him from receiving the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal for his qualifying period of honorable active duty service from 7 October 1966 through 6 October 1969. 

4.  The evidence also confirms that based on his RVN service and campaign participation, he is eligible for the RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, Valorous Unit Award, and 1 silver service star to be worn with his Vietnam Service Medal.  His record also shows he qualified for the Expert Marksmanship Qualification Badge with Rifle M-14.  

5.  The applicant is advised that his MPRJ contained only his DD Form 214 covering the period 2 August 1968 through 6 February 1970.  Therefore, a copy of his 6 February 1970 DD Form 214 will be provided for his personal records.

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 sustained in action in Vietnam on 7 December 1968;
   
   b.  awarding him the Army Good Conduct Medal for his qualifying period of honorable active duty service from 7 October 1966 through 6 October 1969;

	c.  deleting the current entries in Item 24 of his DD Form 214 issued on 
6 February 1970 and adding the:  Purple Heart, Army Good Conduct Medal, Air Medal, National Defense Service Medal, Parachutist Badge, Vietnam Parachutist Badge, Vietnam Service Medal with 1 silver service star, Republic of Vietnam Campaign Medal with Device 1960, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Valorous Unit Award, Expert Marksmanship Qualification Badge with Rifle (M-14), and 2 Overseas Service Bars; and 

	d.  providing him a correction to his DD Form 214 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)                                         AR20080014966



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ABCMR Record of Proceedings (cont)                                         AR20080014966



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