BOARD DATE:	  4 August 2009

		DOCKET NUMBER:  AR20090003027 


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 (PH), Bronze Star Medal (BSM), and all other awards he earned be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, he was awarded the PH on 10 May 1968; three Army Commendation (ARCOM) medals with "V" (Valor) Device for heroism on
31 January, 9 May, and 16 August 1968; and the BSM on 17 November 1968.  

3.  The applicant provides award certificates 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 was inducted into the Army of the United States and entered active duty on 12 July 1967.  He was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The record also shows he was promoted to sergeant (SGT)/E-5 on 1 June 1968 and that this is the highest rank/grade he attained while serving on active duty.  

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 7 December 1967 to 11 February 1969.  Item 38 (Record of Assignments) shows that during his RVN tour he was assigned to Company C, 2nd Battalion, 47th Infantry Regiment, 9th Infantry Division, performing duties in MOS 11B as a rifleman, senior rifleman, and squad leader.  Item 38 also shows he received "excellent" conduct and efficiency ratings at all of his active duty assignments.  

4.  Item 40 (Wounds) of the applicant's DA Form 20 contains an entry that indicates he received a fragmentation wound to the right thigh on 9 May 1968.  Item 41 (Awards and Decorations) shows he earned the following awards:  National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), Combat Infantryman Badge (CIB), ARCOM with "V" Device (2nd Award), RVN Campaign Medal (RVNCM) with Device (1960), Marksman Marksmanship Qualification Badge with Rifle Bar, Sharpshooter Marksmanship Qualification Badge with Pistol Bar, 2nd Class Gunner Badge with Machinegun Bar, and
2 Overseas Service Bars.  

5.  The applicant's Official Military Personnel File (OMPF) is void of any derogatory information or a unit commander's disqualification that would have precluded award of the Army Good Conduct Medal (AGCM).  His OMPF includes orders awarding him the ARCOM for three separate acts of heroism on 
31 January, 9 May, and 16 August 1968 and the BSM for meritorious service during the period December 1967 through November 1968.  The orders awarding the applicant the ARCOM with "V" Device for heroism on 9 May 1968 confirm in the "reason" statement that the applicant was wounded and evacuated from the area during this action.  

6.  The applicant's OMPF contains separation orders issued to the applicant on 27 December 1968 in the RVN, which confirms he held the rank of SGT upon his departure from the RVN and orders issued at Fort Dix, New Jersey on
12 February 1969, which confirm he still held the rank of SGT on the date of his release from active duty (REFRAD).  It also contains orders issued by the U.S. Army Reserve (USAR) Components Personnel and Administration Center, 
St. Louis, Missouri, on 20 June 1973, which confirm the applicant still held the rank of SGT on the date of his discharge from the USAR on 1 July 1973.  

7.  On 12 February 1969, the applicant was honorably REFRAD after completing 1 year, 7 months, and 1 day of active military service.  The DD Form 214 he was issued erroneously lists his rank as SP5 [specialist five] in 5a (Grade, Rate or Rank).  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he earned the following awards:  CIB, ARCOM (1st Oak Leaf Cluster (2nd Award)), NDSM, RVNCM,
2 Overseas Service Bars, Vietnam Unit Citation, Marksman Marksmanship Qualification Badge with Rifle Bar, Sharpshooter Marksmanship Qualification Badge with Pistol Bar, 2nd Class Gunner Badge with Machinegun Bar, and VSM.

8.  The applicant provides awards certificates for the PH, BSM, and three ARCOMs for heroism.

9.  During the review 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 9 May 1968. 

10.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-8 contains guidance on award of the PH.  It states, in pertinent part, that in order to support award of the PH, there must be evidence that the wound for which the award is being made was received as a result of enemy action, that it required treatment by medical personnel, and a record of this treatment must have been made a matter of official record.  

11.  Paragraph 2-13 of the awards regulation 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.  A silver service star is awarded in lieu of 5 bronze service stars to denote participation in 5 campaigns.  

12.  This regulation further states, in pertinent part, that an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the ARCOM.

13.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his tenure of assignment in the RVN, the applicant’s unit (2nd Battalion, 47th Infantry Regiment, 9th Infantry 
Division) received the Valorous Unit Award (VUA), RVN Gallantry Cross with 
Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.  
It also confirms that during the applicant's tenure of service in the RVN he 

participated in the following campaigns:  Vietnam Counteroffensive, Phase II
(1 June 1967 – 29 January 1968); Tet Counteroffensive (30 January 1968 – 
1 April 1968); Vietnam Counteroffensive, Phase IV (2 April 1968 – 30 June 1968); Vietnam Counteroffensive, Phase V (1 July 1968 – 1 November 1968); and Vietnam Counteroffensive, Phase VI (2 November 1968 – 22 February 1969).

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms that the applicant was wounded in action in the RVN on 9 May 1968, as evidenced by an entry in item 40 of his DA Form 20, the ARCOM with "V" Device orders for 9 May 1968 on file in his OMPF, an entry on the Vietnam Casualty Roster, and by the PH certificate he provided.  It further confirms he was awarded the BSM for meritorious service during the period between December 1967 and November 1968.  Therefore, it would be appropriate to add these awards to his DD Form 214 at this time. 

2.  The applicant's OMPF also includes three ARCOM with "V" Device orders that confirm he received the ARCOM for heroism on the following three separate dates in 1968:  31 January, 9 May, and 16 August.  As a result, it would be appropriate to correct his DD Form 214 to show he earned the ARCOM (2nd Oak Leaf Cluster [3rd Award]) with "V" Device.

3.  The record further shows that the applicant received "excellent" conduct and efficiency ratings at all of his active duty assignments, and his record is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the AGCM.  Therefore, it would be appropriate to award him the AGCM for his qualifying honorable active duty service from 12 July 1967 through 12 February 1969, and to add this award to his DD Form 214 at this time.

4.  The record also shows that based on his RVN service and campaign participation, he is eligible for the VUA, RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and 1 silver service star to be affixed to his already-awarded VSM.  Therefore, these awards should also be added to his DD Form 214 at this time. 

5.  Finally, although not requested by the applicant, in the interest of clarity and equity, it would be appropriate to delete the current rank entry in item 5a of his DD Form 214 and by replacing it with the entry "SGT."



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 from item 5a of the applicant's DD Form 214 the entry "SP5" and replacing it with the entry "SGT";

	b.  awarding the applicant the Army Good Conduct Medal for his qualifying honorable active duty service from 12 July 1967 through 12 February 1969; and

   c.  deleting the current list from item 13 of his DD Form 214 and replacing it with the entry "Bronze Star Medal, Purple Heart, Army Commendation Medal (2nd Oak Leaf Cluster [3rd Award]) with "V" Device, Army Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with 1 silver service star, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Valorous Unit Award, Combat Infantryman Badge, Marksman Marksmanship Qualification Badge with Rifle Bar, 
Sharpshooter Marksmanship Qualification Badge with Pistol Bar, 2nd Class Badge with Machinegun Bar, 2 Overseas Service Bars"; and 

	d.  issuing 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)                                         AR20090003027



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ABCMR Record of Proceedings (cont)                                         AR20090003027



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