IN THE CASE OF:	

		BOARD DATE:	  5 March 2009

		DOCKET NUMBER:  AR20080017980 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to add his Bronze Star Medal (BSM) with "V" Device and his Purple Heart.

2.  The applicant states that he never paid any attention to the awards on his DD Form 214.  Now a veterans counselor has told him that adding these decorations to his DD Form 214 would help his disability claim.

3.  The applicant provides a letter from the Office of The Adjutant General, dated 3 July 1973, which stated that the Purple Heart had been approved for him for presentation and received by their office from his former commanding officer; however, the general orders were not included.  The applicant also submits his DD Form 214, his Purple Heart certificate, his BSM with "V" Device orders, and his BSM with "V" Device certificate.

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 and entered active duty on 1 August 1968.  He was awarded the military occupational specialty (MOS) of 11C (infantryman indirect fire crewman), promoted to pay grade E-4, and served in Vietnam from 7 January to 20 September 1969.  While in Vietnam, on 22 August 1969, General Orders Number 8243, published by Headquarters, Americal Division, awarded the applicant the BSM with "V" Device for heroism in connection with ground operations against a hostile force on 16 June 1969.  In that order it stated, in pertinent part, "While moving across an open area, [the applicant] received a fragmentation wound, but ignored his painful injury and continued to the mortar pit."

3.  He was honorably released from active duty on 31 July 1970 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

4.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows his conduct and efficiency ratings through his tenure of service were "excellent."  There is also no record of any disciplinary actions or commander's disqualification administered against the applicant.

5.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) is blank.

6.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show the award of the Purple Heart.

7.  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, Vietnam Service Medal, and the Combat Infantryman Badge.

8.  The Vietnam Casualty List does not contain the applicant's name.



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

10.  Department of the Army General Orders Number 8, dated 1974, awarded all personnel assigned to the United States Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded to any member of an Armed Force who, while serving under competent authority in any capacity with one of the U.S. Armed 
Services after 5 April 1917, has been wounded or killed 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.

12.  This regulation also provides that the Republic of Vietnam Campaign Medal with Device (1960), a foreign award, was awarded to individuals who served in Vietnam for at least 6 months during the period 1 March 1961 to 28 March 1973, inclusive.

13.  Army Regulation 672-5-1 (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.

14.  Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, shows the pertinent identified campaign periods, for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Those periods are:  Counteroffensive, Phase VI, (2 November 1968 through 22 February 1969); Tet 69 Counteroffensive (23 February 1969 through 8 June 1969); and Vietnam Summer-Fall 1969 (9 June 1969 through 31 October 1969).




15.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies governing the Official Military Personnel File (OMPF), the Military Personnel Records Jacket (MPRJ), the Career Management 
Individual File (CMIF), and the Army Personnel Qualification Records.  In pertinent part, this regulation states that for U.S. military decorations the only acceptable source documentation is the order, letter, or memorandum which awards the decoration. Award certificates, citations, or separation certificates alone will not be the basis for entry of a decoration.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has submitted orders verifying that he was awarded the BSM with "V" Device.  As such, it would be appropriate to add that decoration to his DD Form 214.

2.  While award certificates are not accepted as verification of entitlement of an award or decoration, the award citation on the applicant's BSM with "V" Device confirms that the applicant was wounded by hostile forces.  In addition, the letter from the Office of The Adjutant General indicates that the applicant was awarded the Purple Heart.  As such, the preponderance of evidence shows that the applicant was awarded the Purple Heart and it would now be appropriate to add this decoration to his DD Form 214.

3.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.  Since there is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal it would appear that he was entitled to the Army Good Conduct Medal and that this award was omitted by administrative error.  Therefore, it would be appropriate to now correct the applicant's records to award him the first award of the Army Good Conduct Medal and to add it to his DD Form 214.

4.  By virtue of the applicant's service in Vietnam, he is also entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Campaign Medal with Device (1960), and three bronze service stars to be worn on his already-awarded Vietnam Service Medal.




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.  deleting from his DD Form 214 the Vietnam Service Medal;

   b.  awarding him the Army Good Conduct Medal for the period 1 August 1968 to 31 July 1970; and
	
   c.  adding to his DD Form 214 the BSM with "V" Device, the Purple Heart, the Army Good Conduct Medal, the Vietnam Service Medal with 3 bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.



      _________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)                                         AR20080017980



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ABCMR Record of Proceedings (cont)                                         AR20080017980



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