BOARD DATE:	  29 December 2009

		DOCKET NUMBER:  AR20090012870 


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 he received a Purple Heart on 3 August 1967.

3.  The applicant submitted a copy of his DD Form 214 and his Purple Heart 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's records show he enlisted in the Regular Army (RA) on
21 June 1965.  
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
12 December 1966 to 11 December 1967.  He was assigned to A Company, 326th Engineer Battalion, 101st Airborne Division.

4.  Item 40 (Wounds) of his DA Form 20 shows that he was treated, on 6 July 1967, for a possible rib fracture.

5.  The applicant submitted a copy of a Purple Heart Certificate which shows he was wounded in the RVN on 6 July 1967.

6.  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 6 July 1967.

7.  General Orders Number 164, Headquarters 82nd Airborne Division, dated 
20 June 1968, show the applicant was awarded the Good Conduct Medal for the period of service from 21 June 1965 – 20 June 1968.

8.  On 20 June 1968, 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 Parachutist Badge, National Defense Service Medal, Vietnam Service Medal, RVN Campaign Medal, and the Army Commendation Medal.  

9.  Item 41 (Awards and Decorations) of his DA Form 20 shows that he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). 

10.  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.

11.  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 II (1 July 1966 – 31 May 1967), Vietnam Counteroffensive Phase III (1 June 1967 – 29 January 1968), and the Tet Counteroffensive (30 January 1967 – 1 April 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.

12.  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 9 December 1966 to 18 January 1967, by Department of the Army General Orders Number 21, dated 1969; 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.

13.  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.  Evidence of record shows the applicant was wounded in action on 6 July 1967, while serving in the RVN.  Therefore, his record should be corrected to show award of the Purple Heart.

2.  General orders show that the applicant was awarded the Good Conduct Medal for the period of service from 21 June 1965 to 20 June 1968.  Therefore, it would be appropriate to correct his DD Form 214 to show this medal.

3.  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 to be worn on his already-awarded Vietnam Service Medal.

4.  General orders show that the 326th Engineer Battalion 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.

5.  Evidence of record show that the applicant was awarded the Expert 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 DD Form 214.  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; and

	b  adding to item 24 of the applicant's DD Form 214 the Purple Heart, Army Good Conduct Medal (1st award), Vietnam Service Medal with three bronze service stars, RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, Expert 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)                                         AR20090012870



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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