IN THE CASE OF:	

		BOARD DATE:	7 July 2009  

		DOCKET NUMBER:  AR20090004174 


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); two awards of the Army Commendation Medal (ARCOM), one with “V” (Valor) Device; and the Republic of Vietnam Gallantry Cross (RVNGC) with Palm Unit Citation be added to his DD Form 214 (Armed Forces Report of Transfer or Discharge).

2.  The applicant states, in effect, that the awards in question were not listed on his DD Form 214.  

3.  The applicant provides his DD Form 214, ARCOM citation and orders, PH orders, and a National Personnel Records Center (NPRC) letter 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 that he was inducted into the Army of the United States and entered active duty on 10 February 1967.  He was trained in, awarded, and served in military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  Item 31 (Foreign Service) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 13 July 1967 to July 1968.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned with Company D, 3rd Battalion, 8th Infantry Regiment.  Item 38 further shows that he received "excellent" conduct and efficiency ratings at each of his active duty assignments.  Item 40 (Wounds) includes two entries showing he sustained fragments wounds to his neck on 
15 November 1967, and to the left side of his back on 26 March 1968.

4.  The applicant's Official Military Personnel File (OMPF) is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM).

5.  The applicant's OMPF contains Headquarters, 4th Infantry Division General Orders (GO) Number (#) 464, dated 23 January 1968, which awarded him the PH for wounds received in connection with military operations against a hostile force in the RVN on 11 November 1967.  It also contains Headquarters, 
4th Infantry Division GO # 3038, dated 6 July 1968, which awarded him the ARCOM with “V” Device, for heroism in connection with military operations against a hostile force in the RVN on 26 March 1968.  The OMPF also contains Headquarters, 4th Infantry Division GO  # 4014, dated 4 July 1970, which awarded the applicant the ARCOM for meritorious service during the period 
July 1967 to July 1968.

6.  On 7 February 1969, the applicant was honorably released from active duty after completing a total of 1 year, 11 months, and 28 days of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued shows he earned the following awards during his active duty tenure:  National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), Combat Infantryman Badge (CIB), RVN Campaign Medal with Device (1960), Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and 2 Overseas Service Bars.  

7.  During the processing of this case, a member of the Board’s staff reviewed the Department of the Army (DA) Vietnam Casualty Roster.  Two entries pertaining to the applicant appear on this roster and indicate he was wounded in action in the RVN on 11 November 1967, and again on 28 March 1968.
8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states, in pertinent part, that the PH is awarded to any member who has been wounded or killed in action. A wound is defined as an injury to any part of the body from an outside force or agent sustained under conditions defined by this regulation.   An Oak Leaf Cluster is used to denote second and succeeding PH awards.

9.  Paragraph 2-13 of the awards regulation contains guidance on award of 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 in the RVN, participation credit was granted for the Vietnam Counteroffensive Phase III, TET Counteroffensive, Vietnam Counteroffensive Phase IV, and Vietnam Counteroffensive Phase V campaigns.

10.  Paragraph 3-17 provides that the ARCOM may be awarded for meritorious service, meritorious achievement, and/or for heroism.  Awards for heroism are awarded with a “V” device.  An Oak Leaf Cluster is awarded to denote a second or succeeding award of the ARCOM. 

11.  Chapter 4 of the awards regulation prescribes the policy for award of the AGCM.  It states, in pertinent part, that the AGCM 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 military service, in which case, a period of more than 1 year is a qualifying period. Although there is no automatic entitlement to the AGCM, disqualification must be justified.

12.  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 earned the Presidential Unit Citation (PUC), RVNGC with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation.





DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214 should be corrected by adding the PH; two awards of the ARCOM, one with “V” Device; and the RVNGC has been carefully considered and found to have merit.  

2.  The evidence of record confirms that the applicant was wounded in action in the RVN on two separate occasions on 11 November 1967 and again on 
28 March 1968, as evidenced by entries on his DA Form 20 and the Vietnam Casualty Roster.  His OMPF contains orders awarding him the PH for the wounds he sustained on 11 November 1967; however, there are no orders on file showing he was awarded the PH for the wounds he sustained during combat operations on 28 March 1968.  As a result, it would be appropriate to award the applicant the PH 1st Oak Leaf Cluster (2nd Award) for being wounded in action in the RVN on 28 March 1968 and to add the entry PH 1st Oak Leaf Cluster 
(2nd Award) to item 24 of his DD Form 214.  

3.  Further, the evidence of record includes orders that awarded the applicant the ARCOM with “V” Device for heroism in connection with military operations in the RVN on 26 March 1968 and orders that awarded him the ARCOM for meritorious service in the RVN between July 1967 and July 1968.  

4.  The applicant's record also confirms that he received "excellent" conduct and efficiency ratings at all of his active duty assignments.  Further, the record is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  As a result, it would be appropriate to award him the first award of the AGCM for his qualifying period of honorable active duty service from 10 February 1967 to 7 February 1969 and to add this award to his record and DD Form 214 at this time.

5.  The evidence of record also confirms that based on his service and campaign participation in the RVN, the applicant is eligible for the PUC, RVNGC with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation and 
4 bronze service stars to be worn with his already-awarded VSM.  Therefore, it would also be appropriate to add these awards to his record and DD Form 214 at this time.







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 him the Purple Heart 1st Oak Leaf Cluster for being wounded in action in the RVN on 28 March 1968, and the Army Good Conduct Medal for his qualifying period of honorable active duty service from 10 February 1967 to 
7 February 1969;

	b.  by amending item 24 of the DD Form 214 by adding the Purple Heart 1st Oak Leaf Cluster (2nd Award), Army Commendation with “V” Device and with 1st Oak Leaf Cluster (2nd Award), Army Good Conduct Medal, Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and 4 bronze service stars with the Vietnam Service Medal; and

	c.  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)                                         AR20090004174



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ABCMR Record of Proceedings (cont)                                         AR20090004174



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