IN THE CASE OF:	  .

		BOARD DATE:	         4 AUGUST 2009

		DOCKET NUMBER:  AR20090005609


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, the Combat Infantryman Badge, and his Vietnam service.

2.  The applicant states that his DD Form 214 is missing his awards and Vietnam service.

3.  The applicant provides a copy of his DD Form 214, dated 26 November 1969; a copy of General Orders Number 69 and certificate, dated 10 March 1969, showing award of the Purple Heart; and a copy of Letter Orders 
Number D 11-771, dated 16 November 1972, removing him from temporary retirement in support of his request.

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 records show he was inducted into the Army of the United States on 1 July 1968.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant's records show he arrived in the Republic of Vietnam on or about 2 December 1968 and was assigned to Company B, 2nd Battalion, 5th Cavalry Regiment, 1st Cavalry Division.  However, he was injured on 9 March 1969 as a result of hostile action and was initially treated at the 93rd Evacuation Hospital in Vietnam on 10 March 1969.  He was subsequently transferred to Camp Oji, Japan, on 16 March 1969, and ultimately transferred to Valley Forge General Hospital, PA, on 15 April 1969.  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 26 November 1969 and placed on the Temporary Disability Retired List by reason of physical disability.

4.  Item 22b (Foreign and/or Sea Service) of his DD Form 214 shows the entry "See 30" [item 30 of the DD Form 214].

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows only the National Defense Service Medal.  

6.  Item 30 of his DD Form 214 shows he was separated from the Army without his military personnel records jacket.

7.  Headquarters, 1st Air Cavalry Division, Special Orders Number 24, dated 24 January 1969, show the applicant was awarded the Combat Infantryman Badge.

8.  Headquarters, 1st Air Cavalry Division, General Orders Number 2945, dated 9 March 1969, show the applicant was awarded the Purple Heart for wounds received in connection with military operations against a hostile force on 9 March 1969 in the Republic of Vietnam.

9.  Headquarters, 93rd Evacuation Hospital, General Orders Number 69, dated 10 March 1969, show the applicant was awarded the Purple Heart for wounds received in action on 9 March 1969 in the Republic of Vietnam.

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

11.  Headquarters, U.S. Army Training Center, Armor, Fort Knox, KY, Special Orders Number 240, dated 27 August 1968, show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

12.  Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Fort Polk, LA, Special Orders Number 261, dated 14 October 1968, show the applicant was awarded the Expert Marksmanship Qualification Badge with Machinegun Bar 
(M-60).

13.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal. Furthermore, item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings during his military service.

14.  Army Regulation 672-5-1, in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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 were not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.

15.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

16.  Appendix B of Army Regulation 600-8-22 shows that during his service in the Republic of Vietnam participation credit was awarded for the Vietnam Counteroffensive Phase VI campaign from 2 November 1968 to 22 February 1969 and the TET 69 Counteroffensive campaign from 23 February 1969 to 8 June 1969.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

17.  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 Vietnam Campaign Medal.

18.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the 2nd Battalion, 5th Cavalry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 19 May 1969 based on Department of the Army General Orders Number 59, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart, the Combat Infantryman Badge, and his Vietnam service.

2.  With respect to the applicant’s service in the Republic in Vietnam, the applicant’s DA Form 20 shows he arrived in the Republic of Vietnam on 2 December 1968.  He was wounded on 9 March 1969, was medically evacuated to Japan on 16 March 1969, and ultimately to Valley Forge General Hospital, PA, on 15 April 1969.  Therefore, there is sufficient evidence to show he completed 4 months and 13 days of foreign service in the U.S. Army Pacific (USARPAC).  There is no harm to the Army or the Soldier if his service in Vietnam is listed on his DD Form 214.

3.  General orders awarded the applicant the Purple Heart for wounds received in action on 9 March 1969 in the Republic of Vietnam which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  Special orders awarded the applicant the Combat Infantryman Badge which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this badge.

5.  The evidence of record shows the applicant served in Vietnam from on or about 2 December 1968 to on or about 16 March 1969 when he was medically evacuated due to wounds resulting from hostile action.  Therefore, he served a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960) and the Vietnam Service Medal and is entitled to correction of his records to show these awards.  Additionally, records show the applicant participated in two campaigns while serving in the Republic of Vietnam; therefore, he is entitled to two bronze service stars to be affixed to the Vietnam Service Medal.

6.  Special orders show that the applicant was awarded the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60) and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these badges.

7.  General orders awarded the applicant’s unit of assignment the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his records; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

8.  The evidence of record confirms that the applicant served honorably during the period 1 July 1968 through 26 November 1969.  He attained the rank of SP4/E-4, was awarded the Purple Heart and the Combat Infantryman Badge, and received "excellent" conduct and efficiency ratings throughout his military service.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service and correct his records to show this award.

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 the entry "See 30" from item 22c of his DD Form 214 and adding the entries "USARPAC" and "00  04  13";

	b.  adding the entry "RVN Service 2 December 1968 to 16 March 1969" to item 30 of his DD Form 214;

	c.  awarding the applicant the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 1 July 1968 through 26 November 1969; and

	d.  adding the Purple Heart, the Army Good Conduct Medal (1st Award), the Combat Infantryman Badge, the Republic of Vietnam Campaign Medal with Device (1960), the Vietnam Service Medal with two bronze service stars, the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60), the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214.



      ________XXX_________________
                 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)                                         AR20090005609



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ABCMR Record of Proceedings (cont)                                         AR20090005609



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