BOARD DATE:	  29 December 2009

		DOCKET NUMBER:  AR20090012811 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Purple Heart.

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

3.  The applicant submitted a copy of his DD Form 214 and Orders Number 101, dated 11 September 1970, 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's records show he was inducted into the Army of the United States on 22 January 1969.  

3.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 
15 August 1969 to 14 August 1970.  He was assigned to the 2nd Squadron, 
11th Army Calvary Regiment.

4.  The applicant's name is not listed on the Vietnam Casualty Roster.

5.  General Orders Number 101, Headquarters, 11th Armored Cavalry Regiment, dated 11 September 1970 show the applicant was awarded the Purple Heart for wounds received on 9 February 1970.

6.  On 25 August 1970, the applicant was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual) to complete his remaining Reserve obligation.  He completed a total of 1 year, 
7 months, and 4 days 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, Vietnam Service Medal, RVN Campaign Medal, Combat Infantryman Badge, and the Army Commendation Medal.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his enlistment.  Item 41 (Awards and Decorations) shows he received two Overseas Service Bars, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

7.  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.

8.  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.
9.  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 Summer - Fall (9 June – 31 October 1969), Vietnam Fall - Winter 
(1 November 1969 - 30 April 1970), DA Sanctuary Counteroffensive (1 May – 
30 June 1970), and the Vietnam Counteroffensive Phase VII (1 July 1970 – 
30 June 1971) 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.

10.  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 1973.

11.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

DISCUSSION AND CONCLUSIONS:

1.  Notwithstanding the fact that the applicant's name is not on the RVN Casualty Roster, general orders show the applicant was wounded in action on 9 February 1970 while serving in the RVN.  Therefore, his record should be corrected to show award of the Purple Heart.

2.  The available evidence confirms that the applicant served in the RA from
22 January 1969 to 25 August 1970.  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 the applicant for award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal (1st award) and correct his DD Form 214 to show this medal.

3.  Records show that the applicant participated in four campaigns during his service in the RVN.  Therefore, he is eligible for award of four bronze service stars to be worn on his already-awarded Vietnam Service Medal.

4.  General orders show the 2nd Squadron, 11th Armored Calvary Regiment was awarded the RVN Gallantry Cross with Palm Unit while the applicant was assigned to this unit.  Therefore, he is entitled to correction of his records to show this unit award.

5.  Evidence of record shows that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), which are not shown on his separation document.  Therefore, he is entitled to correction of his records to show these awards.

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 Good Conduct Medal (1st award) from 
22 January 1969 to 25 August 1970; and
   	
      c.  adding to item 24 of the applicant's DD Form 214 the Purple Heart, Army Good Conduct Medal (1st award), Vietnam Service Medal with four bronze service stars, RVN Gallantry Cross with Palm Unit Citation, Sharpshooter 






Marksmanship Qualification Badge with Rifle Bar (M-16), and the 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)                                         AR20090012811



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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