IN THE CASE OF:	  

		BOARD DATE:	        13 JANUARY 2009

		DOCKET NUMBER:  AR20080016570 


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 military records be corrected to show the award of the Purple Heart. 

2.  The applicant essentially states that he was awarded the Purple Heart, but it is not listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He also states that this is the second time that he has asked for the Purple Heart to be added to his military records, and wishes that this be taken into consideration.

3.  The applicant provides his DD Form 214 and a certificate showing that he was awarded the Purple Heart 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.  The applicant's military records show that he was inducted into the Army of the United States on 19 November 1968.  He completed basic and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  He departed for the Republic of Vietnam on 11 May 1969, and after serving briefly as a student at the Americal Combat Center, was assigned to Company D, 3rd Battalion, 21st Infantry Regiment.  On 
28 September 1969, he was placed in a patient status at the 249th General Hospital, then returned to the continental United States on 15 October 1969 and was assigned to the Medical Holding Company, Ireland Army Hospital at Fort Knox, Kentucky.  In March 1970, he was reassigned to Fort Hood, Texas, where he served until he was honorably released from active duty on 18 November 1970.  The DD Form 214 that he was issued at the time of his release from active duty shows that the was awarded the Vietnam Service Medal, the National Defense Service Medal, the Republic of Vietnam Campaign Medal, the Combat Infantryman Badge, the Expert Marksmanship Qualification Badge with Grenade Launcher Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

3.  The applicant's DD Form 214 does not show that he was awarded the Purple Heart.  The applicant provided a certificate which shows that he was awarded the Purple Heart for wounds received in action on 24 September 1969.  His military records also contained Headquarters, 95th Evacuation Hospital General Orders Number 247, dated 25 September 1969, which awarded him the Purple Heart for wounds received in action on or about 24 September 1969.

4.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his DD Form 214.

5.  The applicant's military records do not show that he was awarded the Good Conduct Medal.  His military records do show that he served 2 years of continuous enlisted active duty service from 19 November 1968 to 18 November 1970.  His conduct and efficiency ratings were rated as "excellent" or "unknown" for the entire period of qualifying service, and there is no derogatory information in the available records which could be a disqualifying factor for this period of active duty service for award of the Good Conduct Medal.

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in 
Vietnam.  This document shows that at the time of the applicant’s assignment to 
3rd Battalion, 21st Infantry Regiment, the battalion was cited for award of the Valorous Unit Award by Department of the Army General Orders Number 43, dated 1972, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 6, dated 1974.
7.  The applicant’s DD Form 214 shows that he was awarded the Vietnam Service Medal, but it does not show that he was awarded any bronze service stars to signify campaign participation credit.  Paragraph 2-13 of Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 contains a list of Vietnam campaigns, and it shows that during the applicant's tour in Vietnam, he participated in the Tet 69 Counteroffensive campaign and the Vietnam Summer-Fall 1969 campaign.

8.  The applicant was awarded the Expert Marksmanship Qualification Badge with Pistol Bar by Headquarters, 2nd Armored Division, Fort Hood, Texas Special Orders Number 168, dated 17 June 1970, but it is not listed on his DD Form 214.

9.  Army Regulation 672-5-1 (Military Awards), in effect at the time of the applicant’s active duty service, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 11 November 1956 was not disqualifying. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show the award of the Purple Heart.

2.  General orders awarded the applicant the Purple Heart for being wounded in action on or about 24 September 1969; therefore, he is entitled to correction of his military records to show the award of the Purple Heart.

3.  The applicant served 2 years of continuous enlisted active duty service from 19 November 1968 to 18 November 1970, and his conduct and efficiency ratings were rated as "excellent" or "unknown" for the entire period of his qualifying service.  There is also no derogatory information in the available records which could be a disqualifying factor for this period of active duty service for award of the Good Conduct Medal.  Therefore, it would be appropriate at this time to award him the Good Conduct Medal for the period 19 November 1968 to 
18 November 1970, and correct his military records to show the award of the Good Conduct Medal.
4.  General orders awarded the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the 3rd Battalion, 21st Infantry Regiment while the applicant was assigned to the battalion.  Therefore, he is entitled to wear the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and correction of his military records to show these unit awards.

5.  The applicant participated in two campaigns during his tour in Vietnam; therefore, he is entitled to correction of his military records to show two bronze service stars to be affixed to his Vietnam Service Medal.

6.  Special orders awarded the applicant the Expert Marksmanship Qualification Badge with Pistol Bar, but it is not listed on his DD Form 214.  Therefore, he is entitled to correction of his military records to show the award of the Expert Marksmanship Qualification Badge with Pistol Bar.

BOARD VOTE:

____X____  ____X____  __X______  GRANT FULL RELIEF 

________  ________  ________  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 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 Good Conduct Medal for the period 19 November 1968 to 18 November 1970 while serving as a specialist four; and

	b.  amending his DD Form 214 to add the Purple Heart, the Good Conduct Medal, the Expert Marksmanship Qualification Badge, the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation and  to show he is eligible to wear two bronze service stars on his already-awarded Vietnam Service Medal.

2.  The Board wants to thank the applicant for the sacrifices he made in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his honorable service in arms.




      _______ _  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)                                         AR20080016570



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ABCMR Record of Proceedings (cont)                                         AR20080016570



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