IN THE CASE OF:	  

		BOARD DATE:	  10 November 2009

		DOCKET NUMBER:  AR20090005845 


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), Air Medal (AM), Army Good Conduct Medal (AGCM), Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and all other awards to which he is entitled be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, that these awards are not recorded on his DD Form 214.

3.  The applicant provides copies of his DD Form 214 and PH, Bronze Star Medal (BSM) certificate, and two Army Commendation Medal (ARCOM) 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 enlisted in the Regular Army and entered active duty on 11 January 1966.  He was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) and sergeant (SGT) is the highest rank 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 26 July 1966 through 1 November 1967.  Item 38 (Record of Assignments) shows that during his RVN tour he was assigned to the 101st Airborne Division in the 501st Support Detachment from 3 August 1966 through 7 February 1967 performing duties as a supply clerk and then in Company C, 2nd Battalion, 502nd Infantry Regiment, 1st Brigade, performing duties in MOS 11B as a rifleman and automatic rifleman from 8 February through 29 September 1967, at which time he entered a patient status at the Medical Holding Company, Camp Zama, Japan.  He was medically evacuated to the United States on 6 November 1967.  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 confirms the applicant received a gunshot wound to his right hand on 
29 September 1967.  Item 41 (Awards and Decorations) contains an entry showing he was awarded the PH in General Orders Number 99 issued by the 36th Evacuation Hospital on 2 October 1967.  It also shows he earned the Parachutist Badge, Vietnam Service Medal (VSM), National Defense Service Medal (NDSM), RVN Campaign Medal (RVNCM) with Device (1960), Combat Infantryman Badge (CIB), BSM with "V" Device, PH, ARCOM with 1st Oak Leaf Cluster (2nd Award), Marksman Marksmanship Qualification Badge with Rifle Bar, and Expert Marksmanship Qualification Badge with Machinegun Bar.

5.  The applicant's official military personnel file (OMPF) contains Headquarters, 36th Evacuation Hospital, General Orders Number 99, dated 2 October 1967, which awarded the applicant the PH for being wounded in action in the RVN on 29 September 1967.  It also contains Headquarters, 1st Brigade, 101st Airborne Division General Orders Number 192, dated 29 January 1968, which awarded the applicant the BSM with "V" Device for heroism in connection with military operations against a hostile force in the RVN on 29 September 1967.  The orders citation indicates that after being wounded during the initial burst of enemy fire, he crawled forward to a position where he could place effective fire with his machinegun and that, although suffering from loss of fingers and bleeding profusely, he continued to effectively operate his gun until the enemy was driven off.  The OMPF is void of any derogatory information or a unit commander disqualification that would have precluded the applicant from receiving the AGCM.

6.  The applicant's OMPF does not contain orders awarding him the AM and there is no evidence that he was recommended for this award.

7.  On 21 October 1969, the applicant was honorably released from active duty in the rank of SGT after completing 3 years, 9 months, and 11 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 at the time shows he earned the following awards:  BSM with "V" Device, NDSM, ARCOM with 1st Oak Leaf Cluster (2nd Award), Marksman Marksmanship Qualification Badge with Rifle Bar, Expert Marksmanship Qualification Badge with Machinegun Bar, VSM, CIB, RVNCM with Device (1960), and Parachutist Badge.

8.  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 military medical personnel, and a record of this treatment must have been made a matter of official record.

9.  Chapter 4 of Army Regulation 600-8-22 contains guidance on the AGCM and 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 Federal 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.

10.  Army Regulation 600-8-22 provides, in pertinent part, that the AM is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the AM for service in the RVN.  It established that passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations.  It defined terms and provided guidelines for the award based upon the number and types of missions or hours.  Twenty-five category I missions (air assault and equally dangerous missions) and accrual of a minimum of 25 hours of flight time while engaged in category I missions was the standard established for which sustained operations were deemed worthy of recognition by an award of the AM.  However, the regulation was clear that these guidelines were considered only a departure point.  Appendix IV of this regulation required that recommendations for award of the AM for crewmembers or non-crewmembers on flying status will be submitted on USARV Form 157-R.  The recommendation for award must also state that the individual has "met the required number of missions and hours for award of the Air Medal"; that "the individual has not caused, either directly or indirectly, an aircraft abort, late take-off, accident or incident"; and that the "individual's accomplishments and service throughout the period have reflected meritorious performance with no instance of nonprofessionalism, mediocrity, or failure to display an aggressive spirit."  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

11.  Paragraph 2-13 of Army Regulation 600-8-22 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.

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 units (501st Support Detachment and 502nd Infantry Regiment) received the RVN Gallantry Cross with Palm Unit Citation.  It also confirms that during this period participation credit was granted for the Vietnam Counteroffensive Phase II and Vietnam Counteroffensive Phase III campaigns.

13.  Department of the Army Pamphlet 672-3 shows that the 2d Battalion, 502d Infantry Regiment, was awarded the RVN Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 through 2 May 1970.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the PH should be added to his DD Form 214 was carefully considered and found to have merit.  The applicant's DA Form 20 contains entries in item 40 and item 41 that confirm he was wounded in action in the RVN on 29 September 1967 and awarded the PH in orders published by the 36th Evacuation Hospital on 2 October 1967.  Therefore, it would be appropriate to add this award to item 24 of his DD Form 214 at this time.

2.  The applicant's record also confirms that he received "excellent" conduct and efficiency ratings at all of his active duty assignments and that his record is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  Therefore, it would be appropriate to award him the AGCM for his qualifying period of honorable active duty service from 11 January 1966 through 10 January 1969 and by adding this award to his record and DD Form 214 at this time.

3.  The evidence of record also confirms that based on his service and campaign participation in the RVN the applicant is also eligible for the RVN Gallantry Cross with Palm Unit Citation and two bronze service stars with his VSM.  Therefore, it would also be appropriate to add these awards to his record and DD Form 214.

4.  Department of the Army Pamphlet 672-3 shows that the 2d Battalion, 502d Infantry Regiment, was awarded the RVN Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 through 2 May 1970.  The applicant was not assigned to this unit during this period of service and is therefore not entitled to the RVN Civil Actions Honor Medal First Class Unit Citation.

5.  There is no evidence that the applicant was awarded the AM; therefore, he is not entitled to correction of his record to show this award.

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 awarding him the Army Good Conduct Medal for his qualifying period of honorable active duty service from 11 January 1966 through 10 January 1969; by amending item 24 of his DD Form 214 by adding the Purple Heart, Army Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars with his Vietnam Service Medal; and by providing him a correction to his DD Form 214 that includes these changes.

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 the Air Medal and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.



      ___________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)                                         AR20090005845



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ABCMR Record of Proceedings (cont)                                         AR20090005845



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