BOARD DATE:	  10 September 2009

		DOCKET NUMBER:  AR20090006816 


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 he received the Purple Heart and is unsure of the reason it is not reflected on his DD Form 214.

3.  The applicant provides DD Form 214 in support of this 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 enlisted in the Regular Army (RA) on 17 July 1968.  He was awarded military occupational specialty (MOS) 31B (field radio mechanic), and was promoted to the rank/grade of sergeant (SGT)/E-5, which is the highest rank he held during his tenure of service.

3.  The applicant's DA Form 20 (Enlisted Qualification Record), item 38 (Record of Assignments), shows he performed duties as a communications chief while assigned to Headquarters and Headquarters Company, 3d Battalion, 1st Infantry Regiment, 11th Brigade in the Republic of Vietnam during the period 19 July 1969 to 31 July 1969.

4.  The applicant's DA Form 20 shows his duty status was changed to a patient status effective 1 August 1969.  This document indicates he was released from the hospital and reassigned to Korea effective 29 August 1969 after completing 1 month and 20 days in the Republic of Vietnam.

5.  The applicant's Official Military Personnel File (OMPF) contains Headquarters, 106th General Hospital, General Orders Number 83, dated 5 August 1969, awarding him the Purple Heart for wounds received in connection with military operations against a hostile force on 27 July 1969.

6.  The applicant was honorably released from active duty on 16 December 1969 under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 6, by reason of hardship.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Standby) to complete his remaining Reserve obligation.  He completed 1 year and 5 months of creditable active service.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Armed Forces Expeditionary Medal, and Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

8.  The applicant's records show he is entitled to additional awards and decorations which are not shown on his DD Form 214.

9.  There is no evidence the applicant received the Army Good Conduct Medal.  His DA Form 20 shows all "excellent" conduct and efficiency ratings throughout his units of assignment, there are no adverse actions recorded in the available records, and there is no evidence of disqualification for the Army Good Conduct Medal by his chain of command.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal.  The Government of Vietnam awarded this medal 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 service outside the geographical limits of the Republic of Vietnam that contributed direct combat support to the Republic of Vietnam and its 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 six months of service due to wounds resulting from hostile action were entitled to award of the Republic of Vietnam Campaign Medal with Device (1960).

11.  Appendix B, Army Regulation 600-8-22 shows the campaigns for Vietnam.  During the applicant's tour in Vietnam he participated in the Vietnam Summer-Fall 1969 (9 June - 31 October 1969) campaign.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

12.  Army Regulation 672-5-1 (Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Paragraph 6d states that Department of the Army General Orders 8, 1974, announced award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm to the following units:

	a.  Headquarters, United States Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973.

	b.  Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Purple Heart.  Therefore, it would be appropriate to add this award to his DD Form 214.

2.  The applicant completed a period of qualifying service ending with the termination of a period of Federal military service.  The applicant also had "excellent" conduct and efficiency ratings throughout his active duty service.  Additionally, there is no record of any disciplinary action taken against the applicant or disqualification by his chain of command.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal (first award) and correct of his records to show this award.

3.  Since the applicant's records show his duty status changed to patient directly after he was wounded and then en route to Korea immediately following his release from the hospital, it can be presumed that he was evacuated to Korea due to his wounds resulting from hostile action in Vietnam.  As such, the preponderance of evidence shows that the applicant is qualified for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, he is entitled to correction of his DD Form 214 to show this medal.

4.  The available records show the applicant was awarded the Vietnam Service Medal and that he participated in one campaign while serving in the Republic of Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show the Vietnam Service Medal with one bronze service star.

5.  The applicant was assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

6.  In view of the foregoing, the applicant's records should be corrected as shown 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 his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (first award) for the period 17 July 1968 through 16 December 1969; and

	c.  adding to item 24 of his DD Form 214 the Purple Heart, Army Good Conduct Medal, Vietnam Service Medal with one bronze service star, Republic of Vietnam Campaign Medal with Device (1960), and the Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20090006816



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ABCMR Record of Proceedings (cont)                                         AR20090006816



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