IN THE CASE OF:	  

		BOARD DATE:	       5 March 2009

		DOCKET NUMBER:  AR20080018839 


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 records be corrected to show award of the Purple Heart, a marksmanship qualification badge for the automatic rifle, and the Vietnam Service Medal with two bronze service stars.

2.  The applicant states, in effect, that he is authorized these medals but they are not on his discharge document, except for the Vietnam Service Medal without the two bronze service stars.  He would like his records corrected to prove entitlement to Department of Veterans Affairs benefits and proof of service. 

3.  The applicant provides copies his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a Western Union Telegram reporting his wounds, and an 18 June 2008 National Personnel Records Center letter.

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 service medical and dental records are believed to be on permanent loan to the Department of Veterans Affairs and are not available to the Board for review.

3.  The applicant was inducted into the Army of the United States and entered active duty on 9 November 1966.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 13A (field artillery basic) with a follow-on assignment to Vietnam.  However, due to his wife's pregnancy his assignment to Vietnam was deferred.  He subsequently served in Vietnam with C Battery, 1st Battalion, 19th Artillery Regiment from
11 April 1968 through 28 October 1968.

4.  On 17 January 1967 the applicant qualified as a marksman on the M-16 rifle and was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar.

5.  A Western Union Telegram, dated 27 May 1968, notified the applicant's wife that he had been slightly wounded as a result of hostile action on 26 May 1968.  It states that he was wounded on the forehead from flying rocks and dirt as a result of hostile mortar attack.  He was treated and returned to duty.  An official copy of the telegram and the original military format message of this incident are contained in the applicant's Official Military Personnel File (OMPF).

6.  The applicant was honorably released from active duty on 31 October 1968 in pay grade E-4 and transferred to the Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He had 1 year, 11 months, and 22 days of creditable active service with no lost time. 

7.  The DD Form 214 lists the applicant's awards as the National Defense Service Medal, Marksman Marksmanship Qualification with Rifle Bar (M-16), the Republic of Vietnam Campaign Medal with Device (1960), the Vietnam Service Medal, and one Overseas Service Bar.

8.  An 18 June 2008 National Personnel Records Center letter states that the applicant is entitled to the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), and the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.

9.  The applicant's DA Form 20 (Enlisted Qualification Record) at block 31 (Foreign Service) lists his service in Vietnam as from 1 April 1968 through 1 November 1968.  Block 38 (Record of Assignments) lists his conduct and efficiency ratings as "excellent" throughout his military service.  Block 41 (Awards and Decorations) lists his authorized awards as the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960).

10.  Review of the official record revealed no indication of any disciplinary infractions or derogatory information.

11.  Review of the Vietnam Casualty List failed to reveal an entry for the applicant.

12.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.

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

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 by medical personnel, and the medical treatment must have been made a matter of official record.

15.  Army Regulation 600-8-22 authorizes a bronze service star, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, Appendix B indicates he participated during the following three campaign periods:  Tet Counteroffensive (30 January 1968 – 1 April 1968); Counteroffensive, Phase IV (2 April 1968 – 30 June 1968); and Counteroffensive, Phase V (1 July 1968 – 1 November 1968).

16.  Army Regulation 672-5-1 (Military 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. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Paragraph 6d states that Department of the Army General Orders 8, 1974, announced award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm to the following units:

	a.  Headquarters, United States Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973.

	b.  Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his records be corrected to show award of the Purple Heart, a Marksmanship Qualification Badge with the Automatic Rifle Bar, and the Vietnam Service Medal with two bronze service stars for entitlement to Department of Veterans Affairs benefits and proof of service.

2.  While the 27 May 1968 Western Union Telegram is not a medical record, it clearly shows that the applicant was wounded as a result of hostile action on    26 May 1968 and that he was treated for these wounds before being returned to duty.  Therefore, it is appropriate to award the applicant the Purple Heart.

3.  The applicant distinguished himself by his conduct, efficiency, and fidelity as evidenced by his combat service, his "excellent" conduct and efficiency ratings, award of the Purple Heart, and his advancement to E-4.  The record contains no indication of any disqualifying incidents or recommendations.  Therefore, It is appropriate to award the applicant the Good Conduct Medal for his period of service from 9 November 1966 through 31 October 1968.

4.  The applicant's unit in Vietnam is not shown to have received an individual award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  However, his unit is eligible for this award under Department of the Army General Orders Number 8 of 1974.  However, this authorization did not occur until well after the applicant was released from active duty.  Therefore, it is appropriate at this time to show the applicant is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  The applicant served in Vietnam during three campaigns.  Therefore, he is authorized the Vietnam Service Medal with three bronze service stars.

6.  The applicant's record shows he was authorized the Marksman Marksmanship Qualification Badge with Rifle Bar.  His DD Form 214 shows    "(M-16)" but does not list any bar.  The National Personnel Records Center letter incorrectly indicates the badge was authorized with the Automatic Rifle Bar.  Therefore, it is appropriate to correct the record to show the applicant is authorized the Marksman Marksmanship Qualification Badge with Rifle Bar.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ___X____  ___X___  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from block 24 of his DD Form 214 the "VSM" and the "MKM
(M-16)";

	b.  awarding the applicant the Purple Heart for wounds received as a result of hostile action on 26 May 1968;

	c.  awarding the applicant the Good Conduct Medal for the period from 9 November 1966 through 31 October 1968; and

	d.  adding to block 24 of his DD Form 214 the Purple Heart, Good Conduct Medal (first award), Vietnam Service Medal with three bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Marksman Marksmanship Qualification Badge with Rifle Bar.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.



      _________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)                                         AR20080018839



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ABCMR Record of Proceedings (cont)                                         AR20080018839



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