IN THE CASE OF:	

		BOARD DATE:	 21 April 2009 

		DOCKET NUMBER:  AR20080018758 


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 states that for some reason his Purple Heart was never listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides a certificate which awarded him 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 14 January 1969.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He departed for the Republic of Vietnam on 11 June 1969, and after briefly serving as a student at the Americal Combat Center, he was assigned to Company D, 1st Battalion, 6th Infantry Regiment, 198th Infantry Brigade.  He returned to the continental United States on 10 June 1970 and served at Fort Carson, Colorado until he was honorably released from active duty on 13 January 1971.  The DD Form 214 that he was issued at the time of his release from active duty shows that he was awarded the National Defense Service Medal, the Combat Infantryman Badge, the Vietnam Service Medal with bronze service star, and the Republic of Vietnam Campaign Medal with Device (1960).

3.  The applicant's DD Form 214 does not show that he was awarded the Purple Heart, but he provided a certificate which shows that he was awarded the Purple Heart for wounds received in action in the Republic of Vietnam on 21 October 1969.  There is also a corresponding entry on the Vietnam Casualty Roster showing that he was wounded as a result of hostile action on 21 October 1969.

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

5.  The applicant served 2 years of continuous enlisted active duty service from 14 January 1969 to 13 January 1971, but his military records do not show that he was awarded the Army Good Conduct Medal.  His conduct and efficiency ratings were rated as "excellent" or "unknown" for the entire period of his active duty service, and there is no derogatory information or commander's disqualification in the available records which could be a disqualifying factor for this period of service for award of the Army 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 1st Battalion, 6th Infantry Regiment, the battalion was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 42, dated 1972.

7.  The applicant’s DD Form 214 shows that he was awarded the Vietnam Service Medal with bronze service star to signify that he participated in one campaign during his tour in Vietnam.  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 Vietnam Summer-Fall 1969 (9 June 1969 – 31 October 1969), Vietnam Winter-Spring 1970 (1 November 1969 – 30 April 1970), and the DA Sanctuary Counteroffensive (1 May 1970 – 30 June 1970) campaigns.

8.  The applicant's DD Form 214 does not show that he was awarded the Expert Marksmanship Qualification Badge with M-14 Rifle Bar, the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar, or the Second Class Gunner Marksmanship Qualification Badge with Machinegun Bar.  However, he was awarded the Expert Marksmanship Qualification Badge with M-14 Rifle Bar by Headquarters, U.S. Army Training Center (Infantry), Fort Lewis, Washington Special Orders Number 62, dated 3 March 1969.  He was also awarded the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar by Headquarters, U.S. Army Training Center (Infantry), Fort Lewis, Special Orders Number 123, dated 3 May 1969.  Additionally, he was awarded the Second Class Gunner Marksmanship Qualification Badge with Machinegun Bar by Headquarters, U.S. Army Training Center (Infantry), Fort Lewis, Special Orders Number 127, dated 7 May 1969.  The Second Class Gunner Marksmanship Qualification Badge was subsequently renamed the Sharpshooter Marksmanship Qualification Badge.

9.  Army Regulation 600-8-22 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 been treated by medical personnel, and the medical treatment must have been made a matter of official records.  Each approved award of the Purple Heart must exhibit all of the following factors: wound, injury or death must have been the result of enemy or hostile act; international terrorist attack; or friendly fire; the wound or injury must have required treatment by military medical personnel; and the record of medical treatment must have been made a matter of official Army records.

10.  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.  The applicant provided a certificate which shows that he was awarded the Purple Heart for wounds received in action in the Republic of Vietnam on 
21 October 1969, and there is a corresponding entry on the Vietnam Casualty Roster showing that he was wounded in action on 21 October 1969.  Therefore, it would be appropriate at this time to correct his military records to show the award of the Purple Heart.

3.  The applicant served 2 years of continuous enlisted active duty service from 14 January 1969 to 13 January 1971, and his conduct and efficiency ratings were rated as "excellent" or "unknown" for the entire period of his active duty service.  There is also no derogatory information in the available records which could be a disqualifying factor for this period of service for award of the Army Good Conduct Medal.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal for the period 14 January 1969 to 13 January 1971, and correct his military records to show the first award of the Army Good Conduct Medal.

4.  General orders awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the 1st Battalion, 6th Infantry Regiment while the applicant was assigned to this battalion.  Therefore, he is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and correction of his military records to show this unit award.

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

6.  Special orders awarded the applicant the Expert Marksmanship Qualification Badge with M-14 Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle and Machinegun Bars.  Therefore, he is entitled to 
correction of his military records to show the award of the Expert Marksmanship Qualification Badge with M-14 Rifle Bar and the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar and Machinegun Bars.

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 item 24 of the applicant's DD Form 214 the Vietnam Service Medal with bronze service star;

	b.  awarding the applicant the Army Good Conduct Medal (first award) for the period from 14 January 1969 to 13 January 1971; and

	c.  adding to item 24 of the applicant's DD Form 214 the Purple Heart, Army Good Conduct Medal (first award), Vietnam Service Medal with three bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation;
Expert Marksmanship Qualification Badge with M-14 Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle and Machinegun Bars.



      _________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)                                         AR20080018758



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ABCMR Record of Proceedings (cont)                                         AR20080018758



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