BOARD DATE:	  6 August 2009

		DOCKET NUMBER:  AR20090002124 


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 Purple Heart (PH), Army Commendation Medal (ARCOM), and all other awards he is eligible for be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).   

2.  The applicant states, in effect, the PH and ARCOM he was awarded were not added to his DD Form 214.   

3.  The applicant provides PH and ARCOM certificates, wound certification document, and medical treatment records in support of his 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 he enlisted in the Regular Army and entered active duty on 11 August 1969.  He was trained in and awarded military occupational specialty (MOS) 63B (Wheel Vehicle Mechanic) and specialist five (SP5) is the highest rank he attained while serving on active duty.  

3.  The applicant's DA Form 20 (Enlisted Qualification Record) is no longer on file in his Official Military Personnel File (OMPF).  Other documents on file in the OMPF confirm he served in the Republic of Vietnam (RVN) from 23 October 1971 through 25 April 1972.  

4.  The applicant's OMPF contains orders confirming he qualified as a marksman with the M-14 and M-16 rifles on 14 May and 16 October 1970, respectively, and as a result was authorized the Marksman Marksmanship Qualification Badge with Rifle (M-14 & M-16) Bar.  

5.  On 28 April 1972, the applicant was honorably released from active duty (REFRAD), in the rank of SP5, after completing a total of 2 years, 8 months, and 18 days of active military service.  The DD Form 214 he was issued shows he accrued 14 days of time lost during the periods 1 through 12 October 1971 and 13 through 17 October 1971.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows that during his active duty tenure he earned the National Defense Service Medal, Vietnam Service Medal (VSM), and RVN Campaign Medal with 
60 Device.  

6.  The applicant provides a Standard Form 513 (Clinical Record) that shows he was referred to a surgical clinic for treatment for multiple shrapnel wounds to his left shoulder and back on 26 April 1972.  He also provides a Disposition Form (DF), Subject: Certification of Wound, signed by the Adjutant of the 27th Transportation Battalion, dated 18 April 1972, in which the Adjutant certifies that the applicant received a fragmentation wound in the area of the left scapula as a result of a mortar attack on Quincy Compound by the enemy on or about 1730 hours on 15 April 1972.  

7.  The applicant also provides a PH certificate signed by the commanding general (CG), United States Army Support Command, Cam Ranh Bay, RVN, on 12 May 1972, which shows the applicant was awarded the PH for being wounded in action in the RVN.  He also provides an ARCOM certificate signed by the same CG on 17 April 1972, which shows he was awarded the ARCOM for meritorious service in the RVN during the period from August 1971 through April 1972.  


8.  During the processing of this case, a member of the Board staff reviewed the Department of the Army (DA) Vietnam Casualty Roster.  This roster contained an entry confirming the applicant was wounded in action in the RVN on 15 April 1972.

9.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy.  Paragraph 2-13 contains guidance on the VSM and states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of campaigns and shows that during the applicant's tenure of assignment, participation credit was granted for the Consolidation I (1 July 1971-30 November 1971), Consolidation II (1 December 1971-29 March 1972), and Vietnam Cease-Fire (30 March 1972-28 January 1973) campaigns.  

10.  Department of the Army General Order Number 8, dated in 1974, authorized the award of the RVN Gallantry Cross with Palm Unit Citation to all personnel assigned to the RVN from 8 February 1962 through 28 March 1973. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the PH and ARCOM should be added to the list of awards contained in item 24 of his DD Form 214 was carefully considered and found to have merit.  The evidence of record and independent evidence provided by the applicant confirms he was wounded in action in the RVN on 
15 April 1971, as evidenced by an entry on the Vietnam Casualty Roster, the official DA list of RVN battle casualties.  Further, although orders are normally required to support an award entry on the DD Form 214, there is no reason to doubt the validity of the ARCOM certificate provided by the applicant, which was signed by the same CG that signed his PH certificate.  Therefore, it would be appropriate to add both the PH and ARCOM to the applicant's record and DD Form 214 at this time. 

2.  The applicant's OMPF contains orders confirming the applicant qualified as a marksman with both the M-14 and M-16 rifles (Marksman Marksmanship Qualification Badge with Rifle (M-14 & M-16) Bar), and his record confirms that based on his service and campaign participation in the RVN, he is eligible for the RVN Gallantry Cross with Palm Unit Citation and 3 bronze service stars with his VSM.  Therefore, it would also be appropriate to correct his record and DD Form 214 accordingly.  


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 amending item 24 of his DD Form 214 by adding the Purple Heart, Army Commendation Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Marksman Marksmanship Qualification Badge with Rifle (M-14 & M-16) Bar, and 3 bronze service stars with his Vietnam Service Medal; and by providing him a correction to his DD Form 214 that reflects these changes.  



      _______ _   _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)                                         AR20090002124



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ABCMR Record of Proceedings (cont)                                         AR20090002124



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