BOARD DATE:	  1 December 2009

		DOCKET NUMBER:  AR20090011812 


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 his award of the Purple Heart be added to his records. 

2.  The applicant states, in effect, that his award of the Purple Heart is not reflected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

3.  The applicant provides no additional documents with 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 in Fresno, California on 19 March 1969.  He completed all of his training at Fort Lewis, Washington and was transferred to Vietnam on 15 August 1969 for duty as a light weapons infantryman assigned to Company D, 2d Battalion, 506th Infantry Regiment.

3.  On 16 October 1969, while serving in the rank of private first class, the applicant was wounded in action while on a combat operation when a hostile force was encountered.  He received wounds to his abdomen and right arm.  He was medically evacuated to Japan and then to Fort Ord, California in November 1969.

4.  On 24 November 1969, General Orders Number 14184, issued by Headquarters, 101st Airborne Division awarded the applicant the Purple Heart for wounds received in action on 16 October 1969.

5.  On 9 February 1970, General Orders Number 1617 issued by Headquarters, 101st Airborne Division, awarded the applicant the Army Commendation Medal (ARCOM).

6.  He was advanced to the pay grade of E-4 on 18 March 1970 and on 5 May 1970, he was permanently retired by reason of physical disability (70%).  He had served 1 year, 1 month, and 17 days of total active service and his DD Form 214 issued at the time of his discharge shows that he was awarded the National Defense Service Medal and the Vietnam Service Medal (VSM).

7.  A review of the available records show that he had “excellent” conduct and efficiency ratings throughout his service and there is no evidence that the commander sought to deny him the award of the Good Conduct Medal (AGCM).

8.  Army Regulation 600-8-22 (Military Awards) 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 military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  

9.  Army Regulation 600-8-22 provides that the 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.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

10.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal (RVNCM) 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.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

11.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was subsequently awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation and the Republic of Vietnam Civil Actions Honor Medal – First Class Unit Citation (RVNCAHM-FC) during the period he was assigned to the unit.  Additionally, he participated in one campaign and is entitled to wear one bronze service star on his already-awarded VSM.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Purple Heart and the ARCOM and those awards were omitted from his DD Form 214 at the time of his separation.  Accordingly, they should be added to his records at this time.

2.  The applicant was serving as an infantryman in an infantry company when he was wounded in Vietnam on 16 October 1969.  Accordingly, he should be awarded the Combat Infantryman Badge (CIB) effective 16 October 1969.

3.  After carefully examining the applicant’s record of service, it was determined that the applicant should have received the AGCM for his service from 19 March 1969 through 5 May 1970.  This conclusion is based on the fact that the record is void of any derogatory information which would preclude the applicant from being awarded the AGCM and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award.  

4.  The applicant not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of the unit commanders for which he served.  Therefore, in the interest of justice, the Board determined that this error should be corrected and the applicant should receive the AGCM at this time.

5.  Additionally, the evidence of record also establishes that the applicant is entitled to awards of the RVNCM with Device (1960), the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation, and one bronze service star for wear on his already-awarded VSM.


BOARD VOTE:

____x___  ____x___  ___x____  GRANT FULL RELIEF 

________  ________  ________  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 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 CIB effective 16 October 1969 and the AGCM for the period of 19 March 1969 to 5 May 1970, and

   b. amending his DD Form 214 to add the Purple Heart, the ARCOM, the CIB, the RVNCM with Device (1960), the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation, and one bronze service star for wear on his already-awarded VSM.

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _   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)                                         AR20090011812





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ABCMR Record of Proceedings (cont)                                         AR20090011812



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