IN THE CASE OF:	

		BOARD DATE:	  7 January 2010

		DOCKET NUMBER:  AR20090010974 


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 add the Purple Heart and the Bronze Star Medal and to show his proper dates of his service in Vietnam.

2.  The applicant states he was awarded the Purple Heart and Bronze Star Medal and he served in Vietnam from 20 May 1969 to 19 May 1970.

3.  The applicant does not provide any additional documentation.

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 that he was inducted into the Army of the United States and he entered active duty on 17 June 1968.  He completed the required training and he was awarded military occupational specialty (MOS) 17B (CB/CM Radar Crewman).  The highest rank/grade he held during his tenure of service was staff sergeant (SSG)/E-6.

3.  The applicant was awarded the Bronze Star Medal by Headquarters, I Field Force Vietnam Activity, General Orders Number 542, dated 17 May 1970, for meritorious service in connection with military operations against an armed hostile force from 20 May 1969 to 13 May 1970.

4.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not list the Purple Heart.  Item 31 (Foreign Service) of the same form shows he served in Vietnam from 20 May 1969 to 19 May 1970.  Item 38 (Record of Assignments) shows the applicant received "excellent" conduct and efficiency ratings throughout his service.

5.  On 19 May 1970, the applicant underwent a separation physical examination. As a requirement for the applicant's examination, he completed a Standard Form (SF) 89 (Report of Medical History).  On this form the applicant annotated "no" in all questions relating to any illnesses or injuries treated by clinics, physicians, healers, or other practitioners within the past 5 years.  Additionally, the physician conducting the examination did not note any illnesses or injuries.

6.  On 19 May 1970, the applicant was honorably released from active duty as an overseas returnee.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and 2 overseas service bars.  Item 30 (Remarks) shows the entry "VN [Vietnam] SERVICE:  20 May 1969 – 19 May 1969."

7.  There is no evidence of any disciplinary or derogatory action taken against the applicant.  There is also no evidence of a commander's disqualification for award of the Army Good Conduct Medal.

8.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders awarding the applicant the Purple Heart.
9.  The Vietnam Casualty List also does not contain the applicant's name.

10.  The applicant’s DD Form 214 shows that he was awarded the Vietnam Service Medal, but it does not show that he was awarded any bronze service stars to signify campaign participation credit.  Paragraph 2-13 of Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It 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.  Table B-1 contains a list of Vietnam campaigns, and it shows that during the applicant's tour in Vietnam, he participated in the Tet 69 Counteroffensive, 1969 (23 February 1969 - 8 June 1969); Vietnam Summer-Fall 1969 (9 June 1969 - 31 October 1969); Vietnam Winter-Spring 1970
(1 November 1969 - 30 April 1970); and DA Sanctuary Counteroffensive (1 May 1970 - 30 June 1970).

11.  Department of the Army General Order Number 8, dated 1974, awarded all units assigned to the U.S. Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

12.  Army Regulation 600-8-22 provides that the Purple Heart is awarded for wounds 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 a medical personnel, and the medical treatment must have been made a matter of official record.

13.  Army Regulation 600-8-22 also provides that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during 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.  A record of punishment is not automatically disqualifying.  However, at that time, a single efficiency rating of less than “excellent” was disqualifying.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.  At that time, nonfavorable consideration was normally noted on the DA Form 20.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records contain General Orders Number 542 awarding him the Bronze Star Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award.


2.  In addition, the applicant is also entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

3.  Since there is no evidence or indication that the applicant had any disciplinary or derogatory actions taken against him, since he received "excellent" conduct and efficiency rating through his service, and since he attained the rank of SSG, it would appear that failure to be award the applicant the Army Good Conduct Medal was an administrative oversight.  Since the preponderance of evidence supports the award of the Army Good Conduct Medal, it would be appropriate to now award him this award and to add it to his DD Form 214.

4.  The documents in the applicant's military records clearly establish that a typographical error was made in Item 30 of the applicant's DD Form 214 regarding his period of service in Vietnam.  He served in Vietnam from 20 May 1969 – 19 May 1970.  Therefore, he is entitled to correction of his records to show the correct dates of his service in Vietnam.

5.  There is no evidence of record and the applicant did not provide any evidence showing he was entitled to or awarded the Purple Heart.  Therefore, there is no basis for granting this portion of the applicant's requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ___X____  ____X__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 (1st award) for the period 
17 June 1968 to 19 May 1970;

	c.  adding to item 24 of his DD Form 214 the Bronze Star Medal, Army Good Conduct Medal (1st award), Vietnam Service Medal with four bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

	d.  deleting from item 30 of his DD Form 214 the entry "VN SERVICE:
20 May 1969 – 19 May 1969" and replacing it with the entry "Vietnam Service:
20 May 1969 – 19 May 1970."

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the Purple Heart.



      __________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)                                         AR20090010974



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ABCMR Record of Proceedings (cont)                                         AR20090010974



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