IN THE CASE OF:	

		BOARD DATE:	16 July 2009  

		DOCKET NUMBER:  AR20090002525 


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 two awards of the Purple Heart and the Army Commendation Medal.  

2.  The applicant states that he has orders for these medals, but they are not listed on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214, Order Number 171 for award of the Purple Heart, Order Number 4601 for award of the Army Commendation Medal, and two award certificates 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 enlisted in the Regular Army on 9 July 1968.  He completed basic combat training and advanced individual training and was awarded military occupational specialty (MOS) 63C (track vehicle mechanic).  

3.  He was assigned to Vietnam on 7 May 1969 with the Howitzer Battery, 2nd Squadron, 11th Armored Cavalry Regiment.  He was promoted to specialist four, E-4 on 16 September 1969.  

4.  Headquarters, 3rd Field Hospital published orders on 12 November 1969 which awarded the applicant the Purple Heart for wounds received in action on 11 November 1969.

5.  Headquarters, 11th Armored Cavalry Regiment published orders, dated 18 December 1969, which awarded the applicant the Purple Heart for wounds received in action on 11 November 1969.

6.  His name is listed once on the Vietnam Casualty Roster for wounds received in action on 11 November 1969.

7.  The applicant departed Vietnam on 17 November 1969.  He was credited with participation in the Tet 69 Counteroffensive 1969 Campaign, the Vietnam Summer-Fall 1969 Campaign, and the Vietnam Winter-Spring 1970 Campaign.  

8.  Headquarters, II Field Force Vietnam General Orders Number 4601, dated 10 December 1969, awarded the applicant the Army Commendation Medal for meritorious service from April to November 1969.

9.  The applicant was medically retired on 15 September 1970 in the rank of specialist four, E-4.  He completed 2 years, 2 months, and 7 days of active military service with no days of lost time.  

10.  His DA Form 20 (Enlisted Qualification Record) shows he received conduct and efficiency ratings of "excellent" throughout his service.  There is no record of disciplinary actions in the applicant's service personnel records.

11.  His DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), one Overseas Service Bar, the Marksman Marksmanship Qualification Badge with Rifle Bar, and the Expert Marksmanship Qualification Badge with Rifle Bar as authorized awards. 


12.  Headquarters, Department of the Army General Orders (DAGO) Number 8, dated 1974, awarded all units which served in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

13.  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 Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  

14.  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 records contain orders published by the 3rd Field Hospital and the 11th Armored Cavalry Regiment awarding him the Purple Heart for wounds sustained on 11 November 1969.  

2.  Although the field hospital and the applicant's unit published duplicate orders for the same award during the same period, the Vietnam Casualty Roster indicates the applicant was wounded only once, on 11 November 1969, in Vietnam.  Therefore, the applicant is entitled to only one award of the Purple Heart and correction of his DD Form 214 to show this award.  

3.  Orders awarded the applicant the Army Commendation Medal.  This award should be added to his DD Form 214.

4.  It appears that the applicant has met the regulatory requirements for the first award of the Army Good Conduct Medal for a qualifying period from 9 July 1968 through 15 September 1970.

5.  All units that served in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, DAGO Number 8, dated 1974.  Therefore, this foreign unit award should be added to his DD Form 214.

6.  The applicant’s DD Form 214 currently reflects the Vietnam Service Medal.  However, he received credit for participation in three campaigns during the Vietnam War.  Therefore, his DD Form 214 should be amended to reflect three bronze service stars for wear on his Vietnam Service Medal.

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.  awarding him the Army Good Conduct Medal for the period 9 July 1968 through 15 September 1970; and 

	b.  amending his DD Form 214 to add the Purple Heart, the Army Commendation Medal, the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars for wear on his already-awarded Vietnam Service Medal.  

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 a second award of the Purple Heart.  




      _______ _   _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)                                         AR20090002525



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ABCMR Record of Proceedings (cont)                                         AR20090002525



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