BOARD DATE:	  13 August 2009

		DOCKET NUMBER:  AR20090011344 


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 his award of the Purple Heart and Bronze Star Medal and his rank of E5 be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states that he does not know why the medals were left off his DD Form 214.  He also states, in effect, that because of the lack of leadership in the unit his lieutenant gave him a field grade promotion to sergeant (SGT)/E5.

3.  The applicant submitted a copy of his DD Form 214 and a copy of a Bronze Star Medal certificate 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 requested, in effect, that Item 5a (Grade, Rate or Rank) and Item b (Pay Grade) of his DD Form 214 be corrected to show SGT/E-5, respectively.  His DD Form 214 currently shows rank/grade as SGT/E-5.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The applicant's record shows he enlisted in the Regular Army (RA) on 1 April 1966.  He completed the required training and he was awarded military occupational specialty (MOS) 11B (light weapons infantryman),

4.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from
27 June 1967 to 26 June 1968.  He was assigned to the 2nd Battalion, 327th Infantry Regiment, 101st Airborne Division.  He was initially assigned duties in his trained MOS.  However, on 30 March 1968 his 11B MOS was withdrawn and he was awarded MOS 11C (infantry indirect fire crewman).  He continued to serve with the same unit in his newly-awarded MOS.

5.  The applicant's record contains a copy of DA Form 8-275-3 (Clinical Record Cover Sheet), dated 5 October 1967, which shows he was treated on 5 October 1967, for a fragmentation wound to his left shoulder with circumstances unknown.  It also indicated "No Purple Heart awarded this Hospital."

6.  Item 40 (Wounds) of the applicant's DA Form 20 shows the entry "Frag L/Shoulder & Back; 5 Oct 67."

7.  The applicant's name is listed on the Vietnam Casualty Roster under casualty status 23, which refers to "hostile wounded in action – not serious – hospitalized" with a date of casualty of 5 October 1967.

8.  Evidence of records also shows that on 29 May 1969, a USAAC Form 189 (Multiple Purpose Form) was prepared by the Office of The Adjutant General, U.S. Army Administration Center, St. Louis, MO to the Commanding General, Third United States Army, Fort McPherson, GA.  This correspondence, containing the Purple Heart Letter Order and Purple Heart Certificate, was forwarded for appropriate presentation to the applicant.  Although the Purple Heart Certificate is not contained in the available records the letter order with a raised official seal is contained in his records.

9.  The applicant's record contains a copy of Headquarters, 101st Airborne Division, General Orders Number 5911, dated 12 September 1968, which awarded the applicant the Bronze Star Medal in connection with military 
operations against a hostile force, for the period 26 June 1967 to 25 June 1968.  The applicant submitted a copy of a Bronze Star Medal Certificate which shows he was awarded the Bronze Star Medal for the same period of service.

10.  On 31 March 1969, the applicant was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed a total of 3 years of net active service.  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, Parachutist Badge, and Vietnam Service Medal.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows he was awarded the Marksman Marksmanship Qualification with Rifle Bar (M-14).  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his enlistment.

11.  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 medical personnel, and the medical treatment must have been made a matter of official record.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provides that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

13.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal is awarded to individuals who have completed 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.  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.  Service and efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 are not disqualifying.

14.  Appendix B of Army Regulation 600-8-22 lists the campaigns for the Vietnam Conflict.  Based on the applicant's period of service in Vietnam, he participated in the Vietnam Counteroffensive Phase III (1 June 1967 – 29 January 1968); Tet 
Counteroffensive (30 January 1968 – 1 April 1968); and Vietnam Counteroffensive Phase IV (2 April 1968 – 30 June 1968) campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

15.  Army Regulation 600-8-22 provides, in pertinent part, for award of 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.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing 6 months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

16.  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 pamphlet shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 20 July 1965 to 28 March 1973, by Department of the Army General Orders Number 8, dated 1974; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 to 
2 May 1970, by Department of the Army General Orders Number 48, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant was wounded in action on 5 October 1967, while serving in the RVN.  Letter Orders confirm the applicant was awarded the Purple Heart for wounds received as a result of hostile actions.  Therefore, his record should be corrected to show this award.

2.  General Orders show the applicant was awarded the Bronze Star Medal for meritorious service while assigned to the Republic of Vietnam.  Therefore, his records should be corrected to show this award.

3.  Evidence of record shows the applicant served in an infantry MOS in an infantry unit.  The applicant's Purple Heart is accepted as evidence that shows he served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Therefore, he is entitled to award of the Combat Infantryman Badge and correction of his records to show this award.

4.  The available evidence confirms that the applicant served in the RA from
1 April 1966 to 31 March 1969.  His records show that he received "excellent" conduct and efficiency ratings throughout his tenure of service.  There is also no evidence of any derogatory information that would have disqualified him for award of the Army Good Conduct Medal (1st award).  Therefore, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal and correction of his records to show this award.

5.  Records show that the applicant participated in three campaigns during his service in the Republic of Vietnam.  Therefore, he is eligible for award of three bronze service stars for wear on his already-awarded Vietnam Service Medal.

6.  Evidence of record shows that the applicant served in the RVN from 27 June 1967 to 26 June 1968, for a period of 1 year.  Therefore, he is entitled to the Republic of Vietnam Campaign Medal with Device (1960) and correction of his records to show this award.

7.  General orders show the 2nd Battalion, 327th Infantry Regiment, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while the applicant was assigned to this unit.  Therefore, he is entitled to correction of his records to show these unit awards.

8.  The evidence of record shows that the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is entitled to correction of his record corrected to show this qualification badge.

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 be corrected by:

	a.  deleting from item 24 of the applicant's DD Form 214 the Vietnam Service Medal;

	b.  awarding the applicant the Army Good Conduct Medal (1st award) for his exemplary service from 1 April 1966 to 31 March 1969;

	c.  awarding the applicant the Combat Infantryman Badge effective 5 October 1967; and

	d.  adding to item 24 of the applicant's DD Form 214 the Bronze Star Medal, Purple Heart, Army Good Conduct Medal (1st award), Combat Infantryman Badge, Vietnam Service Medal with three bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).



      ___________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)                                         AR20090011344



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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