IN THE CASE OF:	  

		BOARD DATE:	  17 November 2009

		DOCKET NUMBER:  AR20090007943 


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 the Purple Heart (PH) be added to the awards listed on his 4 October 1971 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  

2.  The applicant states, in effect, the PH he was awarded is not on his DD Form 214. 

3.  The applicant provides PH award orders and 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's record shows he initially enlisted in the Regular Army (RA) and entered active duty on 13 October 1966.  He served on active duty for 
1 year, 1 month, and 16 days until 28 November 1967, at which time he was honorably discharged for the purpose of immediate reenlistment.  The DD Form 214 he was issued at the time shows he earned the National Defense Service Medal (NDSM) and Marksman Marksmanship Qualification Badge with Rifle Bar.

3.  On 29 November 1967, the applicant reenlisted in the RA for 4 years and continued serving on active duty.  His DA Form 20 (Enlisted Qualification Record) shows he was initially trained in and awarded military occupational specialty (MOS) 64A (Light Vehicle Driver) in March 1967, and he was reclassified into MOS 11E (Armor Crewman) on 7 October 1968.  

4.  Item 31 (Foreign Service) of the applicant's DA Form 20 shows he served in the Republic of Vietnam (RVN) from 11 February 1968 through 9 February 1969; and again from 5 October 1970 through 4 October 1971.  Item 33 (appointments and reductions) shows he was promoted to specialist five (SP5) on 7 October 1968, and that this is the highest rank he attained while serving on active duty. 

5.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that during his first RVN tour, he was assigned to Headquarters and A Troop, 
1st Squadron, 1st Cavalry Regiment, performing duties in MOS 64B as a heavy truck driver and MOS 11D as a liaison agent.  It shows that during his second RVN tour, he was assigned to A Troop, 1st Squadron, 1st Cavalry Regiment, performing duties in MOS 11E as a tank commander.  

6.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows that during his active duty tenure, he earned the following awards:  Vietnam Service Medal (VSM), NDSM, RVN Campaign Medal (RVNCM), Army Commendation Medal (ARCOM) 1st Oak Leaf Cluster (2nd Award), Combat Infantryman Badge (CIB), Valorous Unit Award (VUA), Bronze Star Medal (BSM), and 2 Overseas Service Bars.  

7.  The applicant's Official Military Personnel File (OMPF) contains a PH certificate, dated 24 September 1971, which shows the applicant was awarded the PH for wounds received in action in the RVN.  

8.  On 4 October 1971, the applicant was released from active duty (REFRAD), in the rank of SP5, after completing a total of 4 years, 11 months, and 22 days of active military service. 


9.   Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued upon his REFRAD on 4 October 1971 shows that during this period of active duty service he earned the NDSM, VSM, ARCOM (2nd Award), RVNCM with 1960 Device, CIB, BSM, 2 Overseas Service Bars, and Marksman Marksmanship Qualification Badge with Rifle Bar.  The PH was not included in the list of awards contained in item 24.  

10.  The applicant provides Headquarters, 23rd Infantry Division General Orders (GO) Number 10711, dated 25 September 1971, which awarded him the PH for being wounded in action in the RVN on 24 September 1971.  

11.  During the review of this case, a member of the Board’s staff reviewed the Department of the Army (DA) Vietnam Casualty Roster and found an entry pertaining to the applicant that confirms he was wounded in action in the RVN on 24 September 1971.  

12.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-8 contains guidance on award of the PH and 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 medical treatment must have been made a matter of official record. 

13.  Paragraph 2-13 of the awards regulation contains the regulatory guidance on the VSM and states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in and a silver service star is issued in lieu of 5 bronze service stars to denote participation in 5 campaigns.  

14.  Table B-1 of the awards regulation contains a list of Vietnam campaigns, and it shows that during the applicant's tours in the RVN, participation credit was granted for the following 6 campaigns:  TET Counteroffensive (30 January-1 April 1968), Vietnam Counteroffensive Phase IV (2 April-30 June 1968), Vietnam Counteroffensive Phase V (1 July-1 November 1968), Vietnam Counteroffensive Phase VI (2 November 1968- 22 February 1969), Vietnam Counteroffensive Phase VII (1 July 1970-30 June 1971), and Consolidation I (1 July-30 November 1971). 




15.  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 unit (1st Squadron, 1st Cavalry Regiment) received the Presidential Unit Citation (PUC) for the period 31 January-31 March 1968, which was awarded in Department of the Army General Order (DAGO) 60, issued in 1969; the VUA for the period 24 August through 25 September 1968, which was awarded in DAGO 53, issued in 1970; and the RVN Gallantry Cross with Palm Unit Citation.  

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.  

2.  The evidence of record confirms the applicant was wounded in action in the RVN on 24 September 1971 and was awarded the PH as a result, as evidenced by the PH certificate on file in his OMPF, the PH orders he provides, and an entry on the Vietnam Casualty Roster, the official DA list of RVN battle casualties.  Therefore, it would be appropriate to add the PH to the list of awards contained in item 24 of his final DD Form 214.  

3.  The evidence of record also shows that based on his RVN service and campaign participation, he is also eligible for the PUC, VUA, RVN Gallantry Cross with Palm Unit Citation, and 1 silver service star and 1 bronze service star to be worn with his VSM.  Therefore, it would also be appropriate to add these awards to his record and DD Form 214 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 amending item 24 of his 4 October 1971 DD Form 214 by adding the Purple Heart, Presidential Unit Citation, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and 1 silver service star and 1 bronze service star to be worn with his Vietnam Service Medal; and by providing him a correction to his 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)                                         AR20090007943



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ABCMR Record of Proceedings (cont)                                         AR20090007943



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