IN THE CASE OF:	

		BOARD DATE:	16 June 2009  

		DOCKET NUMBER:  AR20090001788 


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 the already-awarded Bronze Star Medal, Army Commendation Medal, and the Purple Heart be added to his DD Form 214 (Armed Forces of the United States, Report of Transfer or Discharge) and that he be awarded any other medals to which he is entitled as a result of his service in Vietnam.  The applicant also requests a copy of the narrative for the Purple Heart be provided to him.

2.  The applicant states, in effect that the Bronze Star Medal, Army Commendation Medal, and the Purple Heart are not reflected on his DD Form 214.  He concludes by stating that it is only fair that his DD Form 214 correctly represent his complete list of medals.

3.  In support of his application, the applicant submits a copy of his DD Form 214, a copy of general orders which awarded him the Bronze Star Medal with "V" Device for heroism, a copy of a citation for award of the Army Commendation Medal, and a copy of an award certificate for the Purple Heart.

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 records show that he was inducted in the Army of the United States on 18 October 1966.  He completed basic combat training at Fort Ord, California, and his advanced individual training at Fort Polk, Louisiana.  After completing all required training, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  The applicant served in Vietnam from 24 April 1967 through 12 November 1967, with Company A, 1st Battalion, 35th Infantry Regiment, 25th Infantry Division.

4.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that in November 1967 he was medically evacuated to the Medical Holding Detachment, 106th General Hospital, Camp Zama, Japan.  The applicant was further medically evacuated to Medical Holding Company, Letterman General Hospital, San Francisco, California on 7 December 1967.

5.  The applicant was honorably released from active duty on 17 October 1968 under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), at the expiration of his term of service.  He was separated in the rank/grade of specialist four (SP4)/E-4.  On the date he was released from active duty he had completed 2 years of net active military service with no time lost.

6.  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, Republic of Vietnam Campaign Medal [with Device (1960)], and the Marksman Marksmanship Qualification Badge with Rifle Bar.  The Bronze Star Medal, Army Commendation Medal, Purple Heart, and other awards related to his service in Vietnam are not shown.

7.  An entry appears in Item 40 (Wounds) of the applicant's DA Form 20 which shows he received a gunshot wound to the right femur in action against a hostile force on 23 October 1967 [actually 21 October 1967] while he served in Vietnam.


8.  The applicant's name appears on the Vietnam Casualty List.

9.  General Orders Number 268, published by Headquarters, 67th Evacuation Hospital, on 22 October 1967, awarded the applicant the Purple Heart for wounds received in action on 21 October 1967.  A copy of these orders are on file in the applicant's service personnel record.  Only two documents normally make up a Purple Heart award.  These are the general orders which announce the award and the associated award certificate.  The combination of these two documents, in effect, form the narrative, unlike other awards that include a separate narrative citation, such as the applicant's Army Commendation Medal.

10.  The applicant was awarded the Bronze Star Medal with "V" Device, for heroism in connection with military operations against a hostile force on 26 July 1967, by General Orders 761, published by Headquarters, 4th Infantry Division, on 26 February 1968.  A copy of these orders are on file in the applicant's service personnel record.

11.  The applicant was awarded the Army Commendation Medal, for meritorious service for the period April 1967 to October 1967, by General Orders Number 1590, published by Headquarters, 4th Infantry Division, on 19 April 1968.  A copy of these orders are on file in the applicant's service personnel record.

12.  A search of the Awards and Decorations Computer-assisted Retrieval System (ADCARS) was made for orders awarding the applicant other awards related to his service in Vietnam.  No other award orders were found in the ADCARS pertaining to the applicant.

13.  Item 38 of the applicant's DA Form 20, shows that the applicant consistently received "excellent" conduct and efficiency ratings during his tenure of service.  There is no evidence of any breach of good order or discipline in his service personnel record that would preclude award of the Good Conduct Medal.  There is also no record of a commander's disqualification for the Good Conduct Medal.

14.  The applicant's DD Form 214 shows his entitlement to the Vietnam Service Medal; however, it does not show the bronze service stars to which he is entitled for his campaign participation.

15.  While in Vietnam, the applicant participated in the following two campaigns of the Vietnam War:  the Vietnam Counteroffensive, Phase II, which extended from 1 July 1966 through 31 May 1967; and the Vietnam Counteroffensive, Phase III, which extended from 1 June 1967 through 29 January 1968.

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), dated 29 January 1988, which lists unit awards received by units serving in Vietnam, shows that the unit the applicant was assigned to was awarded the Valorous Unit Award, for the period 22 April 1967 through 20 August 1967, by Department of the Army General Order (DAGO) Number 43, dated 1972; the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period January 1966 through 1 August 1967, by DAGO Number 48, dated 1971; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 1 August 1967 through 31 October 1969, by DAGO Number 53, dated 1970.

17.  The applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar [M-14 Rifle] in Special Orders Number 217, published by Headquarters, 1st Brigade (BCT), Fort Ord, California, on 6 December 1966.

18.  The applicant was awarded the Expert Marksmanship Qualification Badge with Machinegun Bar [M-60 Machine Gun] in Special Orders Number 043, published by Headquarters, Fort Polk, Louisiana, on 15 February 1967.

19.  Army Regulation 672-5-1 (Awards), in effect at the time of the applicant's separation, provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying 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.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  To be eligible for award of the Good Conduct Medal, Soldiers must meet all of the following criteria:  all conduct (character) and efficiency ratings must be recorded as "Excellent" except that ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

20.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in its Appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal.

21.  Army Regulation 670-1 (Uniform and Insignia - Wear and Appearance of Army Uniforms and Insignia), chapter 29, prescribes policy and guidance for wear of U.S. and foreign unit awards.  This regulation states that a Soldier may wear the unit award permanently if the individual was assigned to, and present 
for duty with the unit any time during the period cited; or was attached by competent orders to, and present for duty with the unit during the entire period, or for at least thirty consecutive days of the period cited.


DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was awarded the Bronze Star Medal with "V" Device, Army Commendation Medal, and the Purple Heart while he served in Vietnam.  These already-awarded medals are not shown on the applicant's DD Form 214.  Based on the evidence, the applicant is entitled to have these awards added to his DD Form 214.

2.  The applicant had "excellent" conduct and efficiency ratings throughout his time in the Army.  There is no evidence of indiscipline or a commander's disqualification while he served on active duty.  The applicant was not awarded the Good Conduct Medal, it appears, more as a result of administrative oversight rather than something he did to disqualify himself from this award.  He is therefore eligible for award of the Good Conduct Medal for the period 18 October 1966 through 17 October 1968 and to have it added to his DD Form 214.

3.  The applicant participated in two campaigns while he served in Vietnam.  He is therefore entitled to award of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal and to have these two bronze service stars added to his DD Form 214.

4.  The applicant served in a unit which was awarded the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was a member of the unit.  These unit awards are not shown on his DD Form 214.  He is entitled to these unit awards and to have them added to his DD Form 214.

5.  The applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and the Expert Marksmanship Qualification Badge with Machinegun Bar while he served on active duty.  These marksmanship qualification badges are not shown on his DD Form 214.  He is entitled to have these badge added to his DD Form 214.

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 item 24 of the applicant's DD Form 214 the Vietnam Service Medal;

	b.  awarding the applicant the Good Conduct Medal for the period 18 October 1966 through 17 October 1968; and

   c.  adding to item 24 of the applicant's DD Form 214 the Bronze Star Medal with "V" Device, Army Commendation Medal, Purple Heart, Good Conduct Medal, Vietnam Service Medal with two bronze service stars, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Expert Marksmanship Qualification Badge with Machine Gun 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 providing a narrative citation for the Purple Heart he received.



      ___________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)                                         AR20090001788



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ABCMR Record of Proceedings (cont)                                         AR20090001788


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