IN THE CASE OF:	  

		BOARD DATE:	  9 September 2009

		DOCKET NUMBER:  AR20090006104 


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.

2.  The applicant states that his DD Form 214 should list all medals.  He states he was given the Purple Heart at the 24th Evacuation Hospital.  

3.  The applicant provides a copy of his DD Form 214 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 was inducted into the Army of the United States on 1 May 1968.  At the completion of basic combat training and advanced individual training, he was awarded military occupational specialty 11B (light weapons infantryman). His highest grade attained was specialist four, E-4. 

3.  The applicant was assigned to Vietnam on 4 December 1968 with Company B, 1st Battalion, 2nd Infantry, 1st Infantry Division.  

4.  Item 40 (Wounds) on the applicant's DA Form 20 (Enlisted Qualification Record) shows he sustained penetrating fragment wounds to his left interior chest, left hand, and abdomen on 19 May 1969.  

5.  The applicant's name is listed on the Vietnam Casualty Roster for wounds he received in action on 19 May 1969.

6.  Headquarters, 24th Evacuation Hospital, General Orders Number 116, dated 20 May 1969, shows the applicant was awarded the Purple Heart for wounds received in action on 19 May 1969.

7.  The applicant departed Vietnam on 15 June 1969 after completing 6 months and 11 days of foreign service.  He was credited with participation in the Vietnam Counteroffensive Phase VI Campaign, the Tet Counteroffensive 1969 Campaign, and the Vietnam Summer-Fall 1969 Campaign.  

8.  The applicant was honorably retired by reason of physical disability on 1 June 1970 in the rank of specialist four.  At the time of his retirement, he had completed 2 years and 28 days of active military service with 3 days of lost time.  

9.  His DA Form 20 shows his conduct and efficiency ratings as "excellent" throughout his period of service.  There is no record of disciplinary actions.  

10.  The applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Combat Infantryman Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.   

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that, at the time of the applicant’s assignment to the 1st Battalion, 2nd Infantry, 1st Infantry Division, this unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class 


Unit Citation by Department of the Army General Orders (DAGO) Number 53, dated 1970.

12.  Headquarters, DAGO Number 8, dated 1974, awarded all units which served in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

13.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  

14.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

DISCUSSION AND CONCLUSIONS:

1.  General orders, dated 20 May 1969, issued by the 24th Evacuation Hospital awarded the applicant the Purple Heart for wounds received in action on 19 May 1969.  Therefore, the Purple Heart should be added to his DD Form 214.  

2.  The applicant was assigned to the 1st Battalion, 2nd Infantry, 1st Infantry Division during a period it was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, this foreign unit award should be added to his DD Form 214.

3.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units which served in Vietnam.  The applicant served in Vietnam during a qualifying period and is eligible for this award.  

4.  Although the applicant's record shows 3 days of lost time, there is no indication his chain of command disqualified him from award of the Army Good Conduct Medal.  His conduct and efficiency had been rated as "excellent" throughout his service, he was awarded the Purple Heart, and he was promoted to specialist four.  It is determined that the applicant has met the regulatory requirements for the first award of the Army Good Conduct Medal for the period 1 May 1968 through 1 June 1970.

5.  The applicant’s DD Form 214 currently reflects the Vietnam Service Medal.  However, he received credit for participation in three campaigns during the Vietnam War.  Therefore, his DD Form 214 should be amended to reflect three bronze service stars for wear on his Vietnam Service Medal.

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 Army Good Conduct Medal for the period 1 May 1968 through 1 June 1970; and 

	b.  amending his DD Form 214 to add the Purple Heart, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Army Good Conduct Medal, and three bronze service stars for wear on his already-awarded Vietnam Service Medal.  



      _______ _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)                                         AR20090006104





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ABCMR Record of Proceedings (cont)                                         AR20090006104



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