BOARD DATE:	  14 October 2009

		DOCKET NUMBER:  AR20090007017 


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 his 1968 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect all awards and decorations that he is entitled to.  In particular, he notes his entitlement to the Purple Heart and Combat Infantryman Badge.  

2.  The applicant states, in effect, the awards are not listed on his DD Form 214 and all he is asking for is a new DD Form 214 with all of his “medals” listed, especially his Purple Heart and Combat Infantryman Badge.

3.  The applicant provides extracts from his service medical records and a copy of his Purple Heart certificate 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.  Records available to the Board indicate the applicant was inducted and entered active duty as an enlisted Soldier on 15 September 1966.  In March 1967, following completion of training, he was assigned to the 2nd Battalion, 3rd Infantry in Vietnam as a rifleman.

3.  On 15 April 1967, the applicant was awarded the Combat Infantryman Badge which was confirmed in orders issued by the 199th Infantry Brigade.  In September 1967, he was promoted to pay grade E-4.

4.  According to medical treatment documents, he sustained fragment wounds to his left hand, including traumatic amputation of his second and fourth fingers, when he was hit by a blast from a hostile booby trap on 26 November 1967.  As a result of his wounds he was medically evacuate via the 24th Evacuation Hospital in Vietnam and the United States Army Hospital in Japan to Fort Sill, Oklahoma where he remained in a patient status until 13 September 1968, when he was released from active duty.

5.  An entry on his December 1967 Clinical Record Cover Sheet confirms he was awarded the Purple Heart per General Orders 185, dated 27 November 1967 by the 24th Evacuation Hospital in Vietnam.  The certificate provided by the applicant in support of his request was signed on 28 November 1967 and noted the applicant was awarded the Purple Heart for wounds received in action on 
26 November 1967.  Copies of the orders confirming his award were not in records available to the Board.

6.  On 13 September 1968, the applicant was released from active duty with an honorable characterization of service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) reflects entitlement to the National Defense Service Medal, the Republic of Vietnam Campaign Medal, one overseas service bar, the Vietnam Service Medal with one bronze service star, and qualification as a marksman with the rifle.  It does not reflect his award of the Purple Heart or the Combat Infantryman Badge.

7.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he received conduct and efficiency ratings of "excellent" throughout his service.  There is no derogatory information in his records.



8.  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 qualified 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.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  

9.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam.  During the applicant’s tour in Vietnam he participated in two campaigns:  Vietnam Counteroffensive Phase II and Phase III.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders (DAGO) Number 8, dated 1974.

12.  Department of the Army Pamphlet 672-3 also shows that DAGO 31, dated 1971, announced award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 December 1966 through 31 August 1970 to the 2nd Battalion, 3rd Infantry.

13.  Army Regulation 635-5 (Separation Documents) notes that once a DD Form 214 has been issued it will not be reissued unless it is determined that the original DD Form 214 cannot be properly corrected by issuance of a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty).

DISCUSSION AND CONCLUSIONS:

1.  Although there are no orders available which confirm the applicant’s award of the Purple Heart, there is sufficient evidence which confirms the applicant was wounded as a result of hostile action in Vietnam on 26 November 1967 and awarded the Purple Heart by the 24th Evacuation Hospital.  As such, it would be appropriate to correct his DD Form 214 to reflect his entitlement to the Purple Heart.



2.  The evidence also confirms the applicant was awarded the Combat Infantryman Badge which should be added to his 1968 DD Form 214.

3.  Records show the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of the Vietnam Service Medal with two bronze service stars.

4.  The evidence also confirms the applicant is entitled to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  His DD Form 214 should be corrected to add these decorations.

5.  The applicant honorably served from 15 September 1966 through 
13 September 1968.  His conduct and efficiency ratings were consistently excellent.  As such, it would be appropriate and in the interest of justice to award the applicant the Good Conduct Medal for the period 15 September 1966 through 
13 September 1968 and to add it to his DD Form 214.

6.  The applicant is advised that his 1968 DD Form 214 will not be reissued, rather these awards and decorations will be reflected in a DD Form 215 issued to correct his original DD Form 214.

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 Vietnam Service Medal from his DD Form 214;

   b.  awarding him the Army Good Conduct Medal for the period 15 September 1966 through 13 September 1968; and
   c.  adding to his DD Form 214 the Purple Heart, Combat Infantryman Badge, Good Conduct Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor 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)                                         AR20090007017





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ABCMR Record of Proceedings (cont)                                         AR20090007017



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