IN THE CASE OF:	  

		BOARD DATE:	  4 June 2009

		DOCKET NUMBER:  AR20080018736 


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 record to show he was awarded the Purple Heart.

2.  The applicant states, in effect, that he was awarded the Purple Heart for wounds sustained while serving in the Republic of Vietnam.  The applicant states that an administrative error resulted in the omission of the Purple Heart from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides copies of his DD Form 214 and General Orders awarding him the Purple Heart as documentary evidence 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 record shows that he enlisted in the Army on 15 June 1965.  He completed basic and advanced individual training and was awarded the military occupational specialty 11B (Light Weapons Infantryman).  The highest rank he achieved was sergeant/pay grade E-5.

3.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) for his period of service ending on 18 June 1968 shows he served in the Republic of Vietnam during the period 6 June 1966 through 22 March 1967.

4.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that during his tour of duty in the Republic of Vietnam, the applicant served in Company B, 4th Battalion of the 503d Airborne Infantry Regiment.  Item 38 also shows the applicant received conduct and efficiency ratings of "excellent" for each of his duty assignments.

5.  Item 40 (Wounds) of the applicant's DA Form 20 shows he sustained a gunshot wound to his right shoulder on 9 March 1967.

6.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows he was awarded or authorized to wear the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Parachutist Badge, the Combat Infantryman Badge, one Overseas Service Bar, and the Marksman Marksmanship Qualification Badge with M14 Rifle Bar.  This form does not show award of the Purple Heart.

7.  The Republic of Vietnam Casualty Roster shows that the applicant was wounded as the result of hostile action on 9 March 1967.

8.  Department of the Army, Headquarters, 93d Evacuation Hospital, General Orders 62, dated 12 March 1967, awarded the applicant the Purple Heart for wounds received in connection with military operations against a hostile force while serving in the Republic of Vietnam on 10 March 1967.


9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded or authorized to wear the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal [correctly known as the Republic of Vietnam Campaign Medal with Device (1960)], the Parachutist Badge, and the Combat Infantryman Badge.  This form does not show award of the Purple Heart.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows unit awards received by units serving in the Republic of Vietnam.  This regulation shows the unit the applicant was assigned to while serving in the Republic of Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 51, dated 1971.

11.  Department of the Army Pamphlet 672-3 shows the unit the applicant was assigned to while serving in the Republic of Vietnam was awarded the Meritorious Unit Commendation based on Department of the Army General Orders Number 48, dated 1968.

12.  Department of the Army Pamphlet 672-3 shows the unit the applicant was assigned to while serving in the Republic of Vietnam was awarded the Naval Presidential Unit Citation based on Department of the Army General Orders Number 32, dated 1973.

13.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Good Conduct Medal was awarded to individuals who had 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.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  Appendix B of this regulation shows the campaigns for Vietnam.  During the applicant's tour of duty in the Republic of Vietnam he participated in two campaigns:  Vietnam Counteroffensive Phase VII and Vietnam Counteroffensive Phase VIII.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to correction of his records to show award of the Purple Heart was carefully considered and determined to have merit.

2.  The preponderance of evidence shows the applicant sustained a wound as the direct result of enemy action during military operations against a hostile force while serving in the Republic of Vietnam.

3.  General Orders awarded the applicant the Purple Heart for wounds received in connection with military operations against a hostile force while serving in the Republic of Vietnam on 10 March 1967.  Therefore, the applicant is entitled to have his records corrected to show this award.

4.  Evidence shows the applicant completed a period of honorable service during which he received all “excellent” conduct and efficiency ratings and had no convictions by a court-martial.  Additionally, there is no evidence that the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  Therefore, he is entitled to award of the Good Conduct Medal (first award) for the period 15 June 1965 through 14 June 1968 and to correction of his records to show this award.

5.  General orders show the applicant's unit was awarded the Meritorious Unit Commendation during his tenure of assignment.  Therefore, he is entitled to have his records corrected to show this unit award.

6.  General orders show the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his tenure of assignment. Therefore, he is entitled to have his records corrected to show this foreign unit award.

7.  General orders show the applicant's unit was awarded the Naval Presidential Unit Citation during his tenure of assignment.  Therefore, he is entitled to have his records corrected to show this unit award.


8.  Evidence shows the applicant participated in two campaigns while serving in the Republic of Vietnam.  The record also shows the applicant was previously awarded the Vietnam Service Medal.  Therefore, he is entitled to have his records corrected to show award of the Vietnam Service Medal with two bronze service stars.

9.  Evidence shows the applicant qualified for award of the Marksman Marksmanship Qualification Badge with M14 Rifle Bar.  Therefore, he is entitled to have his records corrected to show award of this marksmanship badge.

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 full 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 Good Conduct Medal (first award) for the period 15 June 1965 through 14 June 1968; and

	b.  adding the following awards to item 24 of the applicant's DD Form 214:

		(1)  the Purple Heart;

		(2)  the Good Conduct Medal (first award);

		(3)  the Meritorious Unit Commendation;

		(4)  the Republic of Vietnam Gallantry Cross with Palm Unit Citation;

		(5)  the Naval Presidential Unit Citation;

		(6)  two bronze service stars to be affixed to his previously awarded Vietnam Service Medal; and 

		(7)  the Marksman Marksmanship Qualification Badge with Rifle Bar [M14].



      _______ _   _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)                                         AR20080018736



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ABCMR Record of Proceedings (cont)                                         AR20080018736



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