IN THE CASE OF:	

		BOARD DATE:	1 September 2009    

		DOCKET NUMBER:  AR20090006163 


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 corrections be made to item 2 (Service Number (SN)) and item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He also requests that his Purple Heart (PH) certificate be corrected to show the correct spelling of his last name and his correct SN.

2.  The applicant states, in effect, that his DD Form 214 should be corrected to show his correct SN in item 2 and to add the PH to the list of awards in item 24.  He also states that his last name should be corrected to show the letters "ZE" instead of "ES" in the fourth and fifth characters and his correct SN on his PH.

3.  The applicant provides copies of his DD Form 214, PH certificate, dog tag, and PH medal 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 military records show he was inducted into the Army of the United States and entered active duty on 6 February 1968.  The DD Form 47 (Record of Induction) prepared during his induction processing lists the letters "ZE" in the fifth and sixth characters of his last name and it lists the SN that the applicant indicates is correct.

3.  The applicant completed basic combat training at Fort Knox, Kentucky, and Advanced Individual Training (AIT) at Fort Ord, California.  Upon completion of AIT, the applicant was awarded military occupational specialty 63C (General Vehicle Repairer).

4.  The DA Form 20 (Enlisted Qualification Record) prepared for him upon his entry on active duty contains the letters "ZE" in the fifth and sixth characters of his last name and it lists the SN that the applicant indicates is correct.  All documents included throughout the applicant's military personnel records jacket (MPRJ) list the letters "ZE" in the fifth and sixth characters of his last name and list the SN that the applicant indicates is correct.

5.  Item 31 (Foreign Service) of the applicant's DA Form 20 shows he served in the Republic of Vietnam (RVN) from 8 July 1968 to 7 July 1969.  Item 38 (Record of Assignments) shows that during his RVN tour he was assigned to the 187th Aviation Company.  Item 38 also shows he received no less than "excellent" conduct and efficiency ratings at each of his active duty assignments.

6.  Item 40 (Wounds) of the applicant's DA Form 20 shows a blank entry and item 41 (Awards and Decorations) shows he earned the following awards during his active duty tenure:  National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), Army Commendation Medal (ARCOM), RVN Campaign Medal with Device (1960), two overseas service bars, and the Marksman Marksmanship Qualification Badge with Rifle Bar.

7.  The applicant's Military Personnel Records Jacket (MPRJ) is void of orders awarding the applicant the PH.  The MPRJ does contain a Western Union Telegram and Commanding General, United States Army Vietnam, message, dated 28 February 1969, which shows the applicant sustained non-serious fragment wounds to his left arm and left shoulder when his base camp came under a hostile mortar and rocket attack on 28 February 1969.  It also shows he received medical treatment for this wounding and was returned to duty.

8.  The MPRJ is void of any derogatory information and/or a unit commander disqualification that would have precluded the applicant from receiving the Army Good Conduct Medal (AGCM).

9.  On 5 February 1970, the applicant was honorably released from active duty after completing a total of 2 years of active military service.  The DD Form 214 issued to him at that time contains the entry "NA" in item 2 and item 24 shows he earned the NDSM, VSM, ARCOM, RVN Campaign Medal with Device (1960), two overseas service bars, and the Marksman Marksmanship Qualification Badge with Rifle Bar.

10.  The applicant provides a copy of a PH certificate which lists the letters "ES" in the fifth and sixth characters.  It also contains an SN different from the one listed on his DD Form 47, DA Form 20, and all other documents contained throughout his MPRJ.

11.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The regulation in effect at that time states to enter the member's SN in item 2 of the separation document.

12.  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.  In order to support awarding a member the PH, it is necessary to establish that the wound for which the award is being made required treatment by medical personnel and that treatment must have been made a matter of official record.

13.  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 it shows that during the applicant's tenure of assignment in the RVN, credited was awarded for participating in the Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, TET 69 Counteroffensive, and Vietnam Summer-Fall campaigns.

14.  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.

15.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for unit citation badges awarded during the Vietnam Conflict.  It confirms during the applicant's tenure of assignment in the RVN, his unit (187th Aviation Company) earned the Presidential Unit Citation, Valorous Unit Award, and the RVN Civil Actions Honor Medal First Class Unit Citation.

16.  Department of the Army General Orders Number 8, dated 1974, authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the RVN from 8 February 1962 through 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim that item 2 and item 24 of his DD Form 214 and his PH certificate should be corrected has been carefully considered and found to have merit.

2.  By regulation, item 2 of the DD Form 214 will contain the member's SN.  The evidence of record confirms that the applicant's SN was not listed in item 2 of his DD Form 214.  Therefore, this entry should now be corrected to list the SN reflected on the applicant's DD Form 47, DA Form 20, and throughout his MPRJ.

3.  The applicant's MPRJ contains a Western Union Telegram that confirms he was wounded in action in the RVN on 28 February 1969; however, it fails to include any orders to announce this award.  Additionally, the applicant provides a PH certificate which list the letters "ES" in the fifth and sixth characters and a different SN than the one included on all documents throughout his MPRJ.  Therefore, it would be appropriate to issue him a new PH certificate with the correct spelling of his name and his correct SN and to add the PH to item 24 of the his DD Form 214 at this time.

4.  The applicant's record also confirms that he received "excellent" conduct and efficiency ratings at all of his active duty assignments and his MPRJ 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 also be appropriate to award him the first award of the AGCM for his qualifying period of honorable active duty service from 6 February 1968 to 5 February 1970 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 entitled to the Presidential Unit Citation, Valorous Unit Award, RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars with his VSM.  Therefore, these awards should also be added to his record and separation document 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 Army Good Conduct Medal for his qualifying period of honorable active duty service from 6 February 1968 to 5 February 1970;

	b.  issuing him a new Purple Heart certificate that includes the correct spelling of his last name and his correct service number;

	c.  amending his DD Form 214 by adding his Service Number to item 2 and by adding the Purple Heart, Army Good Conduct Medal, Presidential Unit Citation, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars with his Vietnam Service Medal; 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)                                         AR20090006163



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ABCMR Record of Proceedings (cont)                                         AR20090006163



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