BOARD DATE:	  4 February 2010

		DOCKET NUMBER:  AR20090013900 


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 show award of the Purple Heart.

2.  The applicant states that he received shrapnel wounds to the area of his left knee on 12 November 1967.  He was medically evacuated to the 8th Field Hospital.  He never received award of the Purple Heart.

3.  The applicant provides, in support of his application, copies of his DD Form 214; a Western Union telefax; a part of  a letter dated 16 November 196?; and a VA Form 21-526e (Veteran's Application for Compensation) dated 5 February 1970.

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.  On 6 February 1967, the applicant enlisted in the Regular Army for 3 years.  He completed his initial training to include the Basic Airborne Course and was subsequently awarded military occupational specialty 11B4P (Light Weapons Infantryman with parachutist qualification).

3.  On 20 July 1967, the applicant departed Fort Benning, Georgia, for duty in the Republic of Vietnam.

4.  On 16 August 1967, the applicant was assigned for duty as a grenadier with C Company, 2nd Battalion, 503rd Infantry Regiment.

5.  General Orders Number 79, 8th Field Hospital, dated 14 November 1967, awarded the applicant the Purple Heart for wounds received in connection with military operations against a hostile force.

6.  On 19 July 1968, the applicant was reassigned for duty as a team leader with A Troop, 7th Squadron, 17th Cavalry Regiment.

7.  On 10 March 1969, the applicant departed the combat theater for duty in the United States.

8.  On 24 April 1969, the applicant was assigned as an instructor at Fort Benning, Georgia.

9.  On 5 February 1970, the applicant was released from active duty.  He had attained the rank of sergeant, pay grade E-5 and had completed 3 years of creditable active duty service.

10.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the Sharpshooter Marksmanship Qualification Badge with Rifle 
[M-16] Bar, National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with 1960 Device, Combat Infantryman Badge, Air Medal, Army Commendation Medal with "V" Device, Aircraft Crewman Badge, and the Expert Marksmanship Qualification Badge with Rifle [M-16] and Machinegun [M-60] Bars.

11.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) states that he received a fragment wound in his left knee on 
12 November 1967.
12.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

13.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that his conduct and efficiency ratings were "excellent."  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal.

14.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified 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.  

15.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following six campaign periods: the Vietnam Counteroffensive, Phase III; the Tet Counteroffensive; the Vietnam Counteroffensive, Phase IV; the Vietnam Counteroffensive, Phase V; the Vietnam Counteroffensive, Phase VI; and the Tet 69 Counteroffensive.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star denotes participation in five campaigns.

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 2nd Battalion, 503rd Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 5, dated in 1969, and amended in 1979, for award of the Presidential Unit Citation; and in DAGO Number 51, dated in 1971, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he was wounded in action and his DD Form 214 should be corrected to show award of the Purple Heart.

2.  General orders show that the applicant was awarded the Purple Heart.  Therefore, his records should be corrected to show this award.


3.  The applicant’s records clearly show that he distinguished himself in the performance of his military service by attaining the rank of sergeant and receiving personal decorations for valor.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

4.  Records show that the applicant participated in six campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of one silver service star and one bronze service star to be affixed to his Vietnam Service Medal.

5.  The applicant’s unit was cited in general orders for award of the Presidential Unit Citation.   Therefore, his records should be corrected to show this unit award.

6.  The applicant’s unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

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 concerned be corrected by:

	a.  awarding him the Army Good Conduct Medal for the period from 
6 February 1967 to 5 February 1970;

	b.  deleting from Item 24:  Vietnam Service Medal with two bronze service stars; and

	c.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Purple Heart, Presidential Unit Citation, Army Good Conduct Medal, Vietnam Service Medal with one silver service star and one bronze service star, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.



      _______ _   _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)                                         AR20090013900





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