BOARD DATE:	  10 November 2009

		DOCKET NUMBER:  AR20090009878 


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 (Report of Transfer or Discharge) to show award of the Purple Heart.

2.  The applicant states that his Purple Heart is not shown on his DD Form 214.

3.  The applicant provides an award certificate for the Purple Heart; a copy of his DD Form 214; service medical records; his DA Form 20 (Enlisted Qualification Record); and a Department of Veterans Affairs Rating Decision 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 was inducted into the Army of the United States on 23 January 1970.  He arrived in Vietnam on 19 June 1970.  He served as a light weapons infantryman assigned to Company A, 2nd Battalion, 3rd Infantry of the 199th Infantry Brigade in Vietnam from 13 July 1970 through 17 October 1970.  He was assigned to Company B, 5th Battalion, 46th Infantry of the 198th Brigade from 
18 October 1970 until he was wounded in action on 13 November 1970 and evacuated to the United States on 12 December 1970 for further medical treatment.  On 27 September 1971, the applicant was released from active duty in the rank of specialist four after completing 1 year, 8 months, and 5 days of creditable active service with no time lost.

3.  The applicant’s DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Combat Infantryman Badge as authorized awards.

4.  There are no orders for the Purple Heart in the applicant’s service personnel records.  However, the Vietnam Casualty Roster shows he was wounded in action on 13 November 1970.  

5.  The applicant's Standard Form 93 (Report of Medical History), dated 
30 August 1971, shows he received fragment wounds to his abdomen on 
13 November 1970 in Vietnam.

6.  In support of his claim, the applicant provided an award certificate for the Purple Heart, dated 14 November 1970, which shows he was wounded in action on 13 November 1970 in Vietnam.

7.  Records show the applicant participated in two campaigns during his assignment in Vietnam. 

8.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the applicant's unit (2nd Battalion, 3rd Infantry) at the time of his assignment was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation (19 June 1968 to 31 July 1970) based on Department of the Army General Orders (DAGO) Number 51, dated 1971.  His unit was awarded a second award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 15-30 September 1970 based on DAGO Number 5, dated 1973.

10.  Paragraph 6 (Miscellaneous Information) of DA Pamphlet 672-3 states that not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

11.  Department of the Army Pamphlet 672-3 also shows the applicant's unit 
(2nd Battalion, 3rd Infantry) at the time of his assignment was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on DAGO Number 31, dated 1971.  

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained 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 military medical personnel, and the medical treatment must have been made a matter of official record.

13.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

14.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star based on qualifying service for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, including the Vietnam Service Medal.  





DISCUSSION AND CONCLUSIONS:

1.  The award certificate provided by the applicant and the entry on the Vietnam Casualty Roster which show the applicant was wounded in action on 
13 November 1970 are accepted as sufficient evidence on which to amend his DD Form 214 to add the Purple Heart. 

2.  The applicant was separated in the rank of specialist four with 20 months of creditable active service with no time lost.  It appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 
23 January 1970 through 27 September 1971 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, his records should be corrected to show this award.

3.  The applicant participated in two campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with two bronze service stars.  Therefore, his DD Form 214 should be corrected to show this award.

4.  The applicant's unit (2nd Battalion, 3rd Infantry) was cited for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Therefore, he is eligible to wear one of those awards.  However, his DD Form 214 should be corrected to show two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  The applicant's unit (2nd Battalion, 3rd Infantry) was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show this unit citation.

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 first award of the Good Conduct Medal for the period 
23 January 1970 through 27 September 1971; and 
 
	b.  adding the Purple Heart, the Good Conduct Medal, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, one award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two bronze service stars for wear on his already-awarded Vietnam Service Medal on his DD Form 214. 




      _______ _   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)                                         AR20090009878





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ABCMR Record of Proceedings (cont)                                         AR20090009878



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