IN THE CASE OF:	  

		BOARD DATE:	  28 July 2009

		DOCKET NUMBER:  AR20090002215 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart and his combat service.

2.  The applicant states his DD Form 214 does not reflect his combat service.

3.  The applicant provides a copy of a Western Union Telegram and a DD Form 214 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 enlisted in the Army National Guard on 22 January 1965 and upon completion of initial entry training was awarded military occupational specialty 31B (Field Radio Mechanic).  He was involuntarily ordered to active duty on 15 May 1968 and entered active duty on 26 May 1968.  He served in Vietnam from 14 May 1969 to 19 November 1969 while assigned to Headquarters and Headquarters Company, 2nd Battalion, 327th Infantry.  He was honorably released from active duty on 22 November 1969.

3.  Item 22c (Foreign and/or Sea Service) of the applicant's DD Form 214 shows the entry "0  6  9."

4.  Item 24 (Decorations, Medals, Badges Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, and the Army Commendation Medal as authorized awards.

5.  Headquarters, 101st Airborne Division, General Orders Number 7296, dated 21 June 1969, awarded the applicant the Purple Heart for wounds received in action on 14 June 1969.  However, these orders were revoked by Headquarters, 101st Airborne Division, General Orders Number 9199, dated 20 July 1969.

6.  The Vietnam casualty roster shows the applicant was wounded as a result of hostile action on 14 June 1969.

7.  The applicant provided a copy of a Western Union Telegram from The Adjutant General, Department of the Army, addressed to his spouse stating that the applicant had been slightly wounded in action in Vietnam on 14 June 1969 by fragments while at an artillery firing position when the area came under attack by a hostile force.

8.  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.

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  At the time, the regulation required the last overseas theater to be entered in item 22c.  The regulation did not require Vietnam service dates to be entered on the form.

10.  A review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.
11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows unit awards received by units serving in Vietnam.  It shows the unit the applicant was assigned to while in Vietnam was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for actions during the period 18 March 1968 through 2 May 1970 by Department of the Army General Orders Number 48, dated 1971, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

12.  Appendix B of Army Regulation 600-8-22 shows the campaigns for Vietnam. 
During the applicant's tour in Vietnam he participated in three campaigns:  the Tet 69 Counteroffensive, Vietnam Summer-Fall, and Vietnam Winter-Spring 1970.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

13.  Army Regulation 600-8-22 provides, in pertinent part, for award of 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.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing 6 months of service due to wounds resulting from hostile action were entitled to award of the Republic of Vietnam Campaign Medal.

14.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  He was released from active duty in the rank of specialist five with 1 year, 5 months, and 27 days of creditable active service with no lost time.  His records do not contain adverse information and his DA Form 20 (Enlisted Qualification Record) shows his conduct and efficiency ratings as "excellent" throughout his period of active duty service.

15.  Army Regulation 672-5-1 (Military Awards), in effect at the time, 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.
DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to have his DD Form 214 corrected to show award of the Purple Heart and his combat service has been carefully reviewed and found to have merit.

2.  General orders awarded the applicant the Purple Heart for wounds received in action on 14 June 1969.  Although these orders were later revoked, the reason for the revocation is unknown.  Based on the fact that his name is listed on the Vietnam casualty roster as being wounded as a result of hostile action and the Western Union Telegram provided which states the same, there is sufficient evidence on which to base award of the Purple Heart.

3.  The applicant was assigned to a unit which was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to have his records corrected to show these unit awards.

4.  The applicant was credited with participation in three campaigns while in Vietnam.  He is therefore entitled to three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

5.  The applicant served a period of qualifying service for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, he is entitled to have his records corrected to show this award.

6.  The applicant was honorably released from active duty in the rank of specialist five with 1 year, 5 months, and 27 days of creditable active service with no lost time.  He has no derogatory information in his records and his conduct and efficiency were rated as "excellent" throughout his active duty service.  The applicant therefore met the criteria for award of the Army Good Conduct Medal for the period 26 May 1968 to 22 November 1969 and it should be awarded to him at this time.

7.  The applicant's records shows he served in Vietnam for 6 months and 9 days but the theater where he performed his foreign service is not identified on his DD Form 214.  Therefore, item 22c of the applicant's DD Form 214 should be amended to add "USARPAC" (i.e., U.S. Army Pacific Command).  This entry, combined with the addition of the Purple Heart to his DD Form 214, will confirm his combat service.


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.  awarding the applicant the Purple Heart for wounds sustained on 14 June 1969;

	b.  awarding the applicant the Army Good Conduct Medal for the period 26 May 1968 to 22 November 1969; and

	c.  adding to item 24 of the applicant's DD Form 214 the Purple Heart, the Army Good Conduct Medal, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Campaign Medal with Device (1960), and three bronze service stars to be worn on his already-awarded Vietnam Service Medal; and

	d.  adding the entry, "USARPAC" in item 22c of the applicant's DD Form 214.



      __________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)                                         AR20090002215



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ABCMR Record of Proceedings (cont)                                         AR20090002215



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