IN THE CASE OF:	 

		BOARD DATE:	       8 January 2009

		DOCKET NUMBER:  AR20080017087 


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 the Purple Heart be reflected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states he was issued the award as a result of a gunshot wound received in action while in Vietnam.  He notes the award is not reflected on his DD Form 214.

3.  The applicant provides no evidence in support of his request.

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 enlisted into the Regular Army on 15 July 1963.  He successfully completed training in military occupational specialty (MOS) 11C (Indirect Fire Crewman) and was initially assigned to Fort Bragg, North Carolina prior to being reassigned to the Republic of Vietnam on 21 December 1965.

3.  According to a casualty report contained in the applicant's Official Military Personnel File (OMPF), he was wounded as a result of hostile action on 
10 March 1966.  The message notes he was hit by hostile small arms fire during a search and destroy operation.  The applicant was assigned to Company A, 2nd Battalion (Airborne), 502nd Infantry at the time he was wounded.  He departed Vietnam and returned to the United States on 29 June 1966.

4.  On 14 March 1966, Headquarters, 8th Field Hospital General Orders Number 28, awarded the applicant the Purple Heart for wounds received in connection with military operations against a hostile force on 10 March 1966.

5.  The applicant was released from active duty with an honorable characterization of service on 4 July 1966 after completing 2 years, 11 months, and 20 days of creditable active service with no lost time.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Parachutist Badge, Vietnam Service Medal, National Defense Service Medal, and the Combat Infantryman Badge.  His award of the Purple Heart was omitted from his separation document.

6.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he received conduct and efficiency ratings of "excellent" throughout his service except for one academic "good" rating while attending basic airborne training.  There is no derogatory information in his records.

7.  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.  

8.  Appendix B of Army Regulation 600-8-22 shows the campaigns for Vietnam.  During the applicant’s tour in Vietnam he participated in two campaigns:  Vietnam Defense Campaign (8 March 1965 – 24 December 1965) and the Vietnam Counteroffensive (25 December 1965 – 30 June 1966).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

9.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal correctly known as the Republic of Vietnam Campaign Medal with Device (1960).  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit was awarded the Presidential Unit Citation for the period 2-20 June 1966 based on Department of the Army General Orders (DAGO) Number 59, dated 1968.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit was awarded the Valorous Unit Award for the period 17 January – 25 March 1966 based on DAGO Number 1, dated 1969.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit was awarded the Meritorious Unit Commendation for the period 29 July 1965 – 1 October 1966 based on DAGO Number 1, dated 1969.

13.  Department of the Army Pamphlet 672-3 also shows that DAGO 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam 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; and

	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 evidence confirms the applicant was wounded as a result of hostile action in Vietnam on 10 March 1966 and awarded the Purple Heart.  His separation document should be corrected accordingly.

2.  Records show the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of the Vietnam Service Medal with two bronze service stars.

3.  The evidence also confirms the applicant is entitled to the Republic of Vietnam Campaign Medal with Device (1960).  He was assigned to a unit during a period of time that unit was awarded the Presidential Unit Citation, Valorous Unit Award, Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his separation document should be corrected accordingly.

4.  The applicant honorably served from 15 July 1963 through 4 July 1966.  His conduct and efficiency ratings were consistently excellent (except for an academic efficiency rating of "good" during basic airborne training).  As such, it would be appropriate and in the interest of justice to award the applicant the Good Conduct Medal for the period 15 July 1963 through 4 July 1966 and to add it to his separation document.

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 the Vietnam Service Medal from his DD Form 214;

   
   b.  awarding him the Army Good Conduct Medal for the period 15 July 1963 through 4 July 1966; and
   
   c.  adding to his DD Form 214 the Purple Heart, Good Conduct Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Presidential Unit Citation, Valorous Unit Award, Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.



      _______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)                                         AR20080017087



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080017087



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1