BOARD DATE:	  15 October 2009

		DOCKET NUMBER:  AR20090009565 


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 and the Air Medal. 

2.  The applicant states, in effect, that he was awarded both medals but they are not shown on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214, dated 1 February 1967; a copy of a certificate, dated 1 June 1966, showing award of the Purple Heart; and a copy of a certificate, dated 27 November 1989, showing award of the Air Medal, 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.  The applicant's records show he was inducted into the Army of the United States and entered active duty on 2 February 1965.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 1 February 1967 and transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his Reserve obligation.

3.  The applicant’s records show he served in the Republic of Vietnam from on or about 20 August 1965 to 19 August 1966.  He was assigned to Company D, 1st Battalion (Airborne), 8th Cavalry, 1st Cavalry Division. 

4.  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 Parachutist Badge, the Combat Infantryman Badge, one overseas service bar, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), the Vietnam Service Medal, and the National Defense Service Medal.  Item 24 does not show award of the Purple Heart or the Air Medal.

5.  Headquarters, 1st Cavalry Division, General Orders Number 3073, dated 2 September 1966, show the applicant was awarded the Air Medal for meritorious achievement while participating in aerial flight from September 1965 to June 1966.

6.  Headquarters, 3rd Training Regiment, Infantry, Fort Gordon, GA, Special Orders Number 74, dated 22 May 1965, show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60) and Special Orders Number 71, dated 18 May 1965, show he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

7.  There are no general orders in the applicant's records that show he was awarded the Purple Heart.

8.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows the applicant sustained a fragment wound to his chest on 29 May 1966.

9.  The applicant's name is not shown on the Vietnam Casualty Roster and his medical records are not available for review with this case. 


10.  During the processing of this case, a member of the Board’s staff reviewed the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the United States Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any Purple Heart orders on file for the applicant.  

11.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Good Conduct Medal.  Furthermore, Item 38 (Record of Assignments) of his DA Form 20 shows he received "Excellent" conduct and efficiency ratings throughout his military service.

12.  Review of the applicant's records indicates his entitlement to additional awards and decorations that are not shown on his DD Form 214.

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

14.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal, correctly known as the Republic of Vietnam Campaign Medal with Device (1960).  This medal was awarded by the Government of Vietnam 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 more.  

15.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Defensive Campaign, from 8 March 1965 to 25 December 1965; the Vietnam Counteroffensive, from 25 December 1965 to 30 June 1966; and the Vietnam Counteroffensive, Phase II, from 1 July 1966 to 31 May 1967 campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

16.  Army Regulation 672-5-1 (Military 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.  

17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during the time of the applicant's assignment to the 1st Battalion (Airborne), 8th Cavalry, his unit was awarded the Presidential Unit Citation for service from 23 October 1965 to 26 November 1965 based on Department of the Army General Orders Number 40, dated 1967, and awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 9 August 1965 to 19 May 1969 based on Department of the Army General Orders 59, dated 1969.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show awards of the Purple Heart and the Air Medal.  

2.  The applicant's record is void of the orders that awarded him the Purple Heart; however, item 40 of his DA Form 20 shows he suffered a fragment wound to his chest on 29 May 1966.  The applicant also submitted a copy of a certificate, dated 1 June 1966, that shows he was awarded the Purple Heart for wounds received in action on 29 May 1966.  Therefore, there is sufficient evidence to correct the applicant’s DD Form 214 to show award of the Purple Heart. 

3.  General orders awarded the applicant the Air Medal for meritorious achievement while participating in aerial flight from September 1965 to June 1966 which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  General orders awarded the applicant’s unit the Presidential Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

5.  The evidence of record shows the applicant served in the Republic of Vietnam from 20 August 1965 to 19 August 1966 which is a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960).  The available evidence also shows the applicant was awarded the Vietnam Service Medal and that he participated in three campaigns while serving in the Republic of Vietnam. Therefore, he is entitled to three bronze service stars to be affixed to his Vietnam Service Medal and correction of his record and DD Form 214 to show this medal and the bronze service stars.

6.  Special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these badges.

7.  The evidence of record confirms that the applicant served honorably during the period 2 February 1965 through 1 February 1967.  He completed a combat tour in the Republic of Vietnam and received an "Excellent" conduct and efficiency rating throughout his military service.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion of a qualifying period of Federal military service.  Therefore, he is entitled to correction of his records to show this 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 the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 2 February 1965 through 1 February 1967; and 

	b.  adding to his DD Form 214 the Purple Heart, the Good Conduct Medal 
(1st Award), the Air Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60), the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and three bronze service stars to be affixed to 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)                                         AR20090009565



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ABCMR Record of Proceedings (cont)                                         AR20090009565



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