IN THE CASE OF:	

		BOARD DATE:	20 August 2009  

		DOCKET NUMBER:  AR20090005219 


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

2.  The applicant states, in effect, that he needs paperwork to show he was awarded the Purple Heart.

3.  In support of his application, the applicant provides a picture purported to be himself at a ceremony receiving 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’s military records show that he was inducted into the Army of the United States, in pay grade E-1, on 8 July 1966, for 2 years.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 05B (Intermediate Speed Radio Operator).  He served in Vietnam from 28 February 1967 to 19 February 1968, with Advisory Team 3, 1st Corps Advisory Group, for three campaigns.

3.  The applicant was released from active duty on 5 July 1968, in pay grade E-4, at the expiration of his term of service.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 lists the following awards:  the National Defense Service Medal, Vietnam Campaign Medal, Vietnam Service Medal, Combat Infantryman Badge, one Overseas Service Bar, Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), and Bronze Star Medal.  The Purple Heart is not listed as an authorized award.

5.  There are no orders in the applicant’s service personnel records that show he was awarded the Purple Heart.  There is also no evidence in his records that show he was wounded or treated for wounds as a result of hostile action.  His DA Form 20 (Enlisted Qualification Record) does not show an entry in item 40 (Wounds) or list the Purple Heart in Item 41 (Awards and Decorations).  The Vietnam Casualty Roster does not show the applicant’s name.

6.  However, a review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, revealed U.S. Army Military Assistance Command, Vietnam, General Orders Number 650, dated 28 March 1968, that awarded the applicant the Purple Heart for wounds received in connection with military operations against a hostile force in the Republic of Vietnam on 31 January 1968.  

7.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

8.  There is no indication in the applicant's service records that he was awarded the Army Good Conduct Medal.  There is also no evidence the applicant was disqualified by his unit commander for award of the Army Good Conduct Medal.  His records show he received "excellent" conduct and efficiency ratings throughout his service.
9.  Army Regulation 672-5-1, in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualified 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 Federal military service.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

10.  The applicant’s DD Form 214 shows that he was awarded the Vietnam Service Medal, but it does not show that he was awarded any bronze service stars to signify campaign participation credit.  Paragraph 2-13 of Army Regulation
600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized 
with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 contains a list of Vietnam campaigns, and it shows that during the applicant's tour in Vietnam, he participated in the Vietnam Counteroffensive, Phase II (1 July 1966 – 31 May 1967); Vietnam Counteroffensive, Phase III (1 June 1967 – 29 January 1968); and Tet Counteroffensive (30 January 1968 – 1 April 1968) campaigns.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows unit awards received by units serving in the Republic of Vietnam.  This regulation shows the unit the applicant was assigned to while serving in the Republic of Vietnam was awarded the Presidential Unit Citation for the period from 1 January 1967 to 25 February 1968, by Headquarters, Department of the Army General Orders Number 23, dated 1969.

12.  Department of the Army Pamphlet 672-3 also shows the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February 1962 through 28 March 1973 by Department of the Army General Orders Number 8, dated 1974.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant was wounded in action while he served in Vietnam on 31 January 1968.  General orders were published awarding him the Purple Heart; however, these general orders were not included in his records.  When he was released from active duty, the Purple Heart was not added to his DD Form 214.  Therefore, he is entitled to have the Purple Heart added to his DD Form 214 at this time.
2.  The evidence of record shows that the applicant completed a qualifying period of service for award of the Army Good Conduct Medal.  There is no evidence his commander ever disqualified him from receiving the award and there is no evidence of any misconduct which would justify denying him the award.  He also received "excellent" conduct and efficiency ratings throughout his service.  In view of the foregoing, it would be appropriate to award him the first award of the Army Good Conduct Medal for the period 8 July 1966 to 5 July 1968 and to add it to his DD Form 214.

3.  General orders show the applicant's unit was awarded the Presidential Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his tenure of assignment in Vietnam.  These unit awards are not shown on his DD Form 214.  Therefore, he is entitled to have his DD Form 214 corrected to show these unit awards.

4.  Evidence of record shows the applicant participated in three campaigns during his service in Vietnam.  Therefore, he is entitled three bronze service stars for wear on his already-awarded Vietnam Service Medal and to add them to his DD Form 214 at this time.

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

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 24 of the applicant's DD Form 214 the Vietnam Service Medal;

	b.  awarding the applicant the Army Good Conduct Medal (first award) for the period 8 July 1966 to 5 July 1968;

   c.  adding to item 24 of the applicant's DD Form 214 the Purple Heart, Army Good Conduct Medal (first award); Vietnam Service Medal with three bronze service stars, Presidential Unit Citation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation; and 
   
   d.  providing him a corrected DD Form 214 that includes 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)                                         AR20090005219





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ABCMR Record of Proceedings (cont)                                         AR20090005219



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