IN THE CASE OF:	  

		BOARD DATE:	        12 February 2009

		DOCKET NUMBER:  AR20080017511 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending on 1 August 1967 to show award of the Purple Heart, the Silver Star, the Army Commendation Medal, the Combat Infantryman Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

2.  The applicant states that he applied for a claim with the Department of Veterans Affairs (VA) and found out that the above awards are not listed on his DD Form 214.

3.  The applicant provides no additional documentation in support of this case.

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 was inducted into the Army on 28 October 1965 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  Headquarters, 1st Armored Division (Old Ironsides), Special Orders Number 4, dated 6 January 1966, show that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge (M-14 Rifle).

4.  The applicant arrived in Vietnam with L Troop, 3rd Squadron, 11th Armored Cavalry Regiment, on 20 August 1966.

5.  Headquarters, 11th Armored Cavalry Regiment, Special Orders Number 136, dated 8 June 1967, show that the applicant was awarded the Combat Infantryman Badge.

6.  The applicant departed Vietnam on or about 30 July 1967 after being credited with participating in two campaigns.

7.  On 1 August 1967, the applicant was honorably released from active duty in the rank of sergeant/E-5 after completing 1 year, 9 months, and 4 days of creditable active service with no time lost.

8.  The applicant's DD Form 214 for the period ending on 1 August 1967 shows he was awarded National Defense Service Medal, the Vietnam Service Medal, and the Vietnam Campaign Medal with Device (1960).

9.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show wounds.  Item 41 (Awards and Decorations) does not show award of the Purple Heart.

10.  There are no general orders in the applicant’s service personnel records that show he was awarded the Purple Heart, but his name appears on the Vietnam casualty roster.  This record shows that he was wounded as a result of hostile action on 21 July 1967.

11.  Headquarters, 25th Infantry Division, General Orders Number 3115, dated 3 August 1967, show that the applicant was awarded the Army Commendation Medal for meritorious achievement in connection with military operations against a hostile force.

12.  Headquarters, 9th Infantry Division, General Orders Number 4671, dated 14 September 1967, show that the applicant was awarded the Silver Star for gallantry in action involving conflict with an armed hostile force in the Republic of Vietnam.  The citation on the orders indicates that on 21 July 1967 the applicant distinguished himself by exceptional valor while serving as a commander of a Armored Cavalry Assault Vehicle participating in a convoy that came under attack by enemy forces.  A rocket propelled grenade round penetrated the engine compartment, killing the driver and wounding all of the occupants.  The applicant refused to leave his immobilized vehicle and successfully repelled repeated assaults upon his position.  When additional friendly elements arrived to defeat the aggressors, the applicant insured that his men were afforded medical treatment before he would allow his own wounds to be treated.

13.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  His records do not contain any adverse information and his DA Form 20 shows his conduct and efficiency ratings as "excellent" throughout his period of service.

14.  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, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

15.  Army Regulation 672-5-1 (Military Awards), in effect at the time, 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.

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that, at the time of the applicant’s assignment to the 11th Armored Cavalry Regiment, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 7 September 1966 through 10 August 1968 based on Headquarters, Department of the Army, General Orders Number 60, dated 1969.

17.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 3rd Squadron, 11th Armored Cavalry Regiment, it was cited for award of the Valorous Unit Award for the period from 19 June 1967 through 21 July 1967 based on Headquarters, Department of the Army, General Orders Number 1, dated 1969.

18.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 3rd Squadron, 11th Armored Cavalry Regiment, it was cited for award of the Meritorious Unit Commendation for the period from 13 September 1966 through 31 May 1967 based on Headquarters, Department of the Army, General Orders Number 32, dated 1969.

19.  Army Regulation 600-8-22 provides, in pertinent part, for award of a bronze service star based on qualifying service for each campaign listed in appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  There are no general orders awarding the applicant the Purple Heart.  However, his name is listed on the Vietnam casualty roster and Headquarters, 9th Infantry Division, General Orders Number 4671, dated 14 September 1967, show that he received an injury to his body on 21 July 1967.  These entries are accepted as sufficient to show that the applicant was wounded as a result of hostile action.  Therefore, the applicant is entitled to award of the Purple Heart for wounds sustained as a result of hostile action on 21 July 1967.

2.  The applicant was separated in the rank of sergeant with 1 year, 9 months, and 4 days of creditable active service with no time lost and conduct and efficiency ratings of "excellent" throughout his period of service.  Therefore, it appears the applicant met the eligibility criteria for award of the Army Good Conduct Medal (1st Award) for the period from 28 October 1965 through 1 August 1967.

3.  The evidence of record shows that the applicant was awarded the Silver Star, the Army Commendation Medal, the Combat Infantryman Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  His DD Form 214 should be amended to add these awards.

4.  The applicant was assigned to a unit during a period of time this unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Valorous Unit Award, and the Meritorious Unit Commendation.  His participation in two campaigns makes him eligible to wear two bronze service stars on his already-awarded Vietnam Service Medal.  His DD Form 214 should be amended to add these awards.


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:

	a.  by awarding and issuing him the Purple Heart for wounds sustained on 21 July 1967; 

	b.  by awarding him the Army Good Conduct Medal (1st Award) for the period 28 October 1965 through 1 August 1967; and

	c.  by amending his DD Form 214 to add the Silver Star, the Purple Heart, the Army Commendation Medal, the Army Good Conduct Medal (1st Award), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Valorous Unit Award, the Meritorious Unit Commendation, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and two bronze service stars to be worn on his already-awarded Vietnam Service Medal.


															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)                                         AR20080017511



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ABCMR Record of Proceedings (cont)                                         AR20080017511



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