IN THE CASE OF:	  

		BOARD DATE:	  17 February 2010

		DOCKET NUMBER:  AR20090014739 


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 (Report of Transfer or Discharge) to show all of his awards, including the Purple Heart.

2.  The applicant states his DD Form 214 does not list all of his awards and this is slowing down his membership into the Military Order of the Purple Heart.

3.  The applicant provides copies of his DD Form 214, a DA Form 1577 (Authorization for Issuance of Awards), an award certificate for the Purple Heart, and an award certificate for the Air Medal with "V" Device.

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 into the Army of the United States on 24 March 1970.  He completed training and was awarded military occupational specialty (MOS) 45M (Aircraft Armament Subsystems Repairman).

3.  He served in Vietnam from 9 October 1970 to 22 March 1971.

4.  On 4 January 1971 the applicant was placed on non-crewmember flight status.

5.  Headquarters, 18th Surgical Hospital, General Orders Number 25, dated 9 March 1971, awarded the applicant the Purple Heart for wounds received in action in Vietnam on 3 March 1971.  The Purple Heart certificate was not issued until 14 March 1989.

6.  Headquarters, 101st Airborne Division (Airmobile), General Orders Number 5629, dated 5 July 1971, awarded the applicant the Air Medal with "V" Device (8th award) for heroism while participating in aerial flight in Laos on 3 March 1971.

7.  On 30 June 1972 the applicant was permanently retired by reason of physical disability.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows his awards as the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

8.  The applicant's DA Form 20 (Enlisted Qualification Record) provides the following:

	a.  separation as a specialist five (SP5)/E-5;

	b.  service in Vietnam with Company A, 101st Aviation Battalion, 101st Airborne Division from 24 October 1970 through 13 March 1971 when he was transferred to the U.S. Naval hospital ship, USS Sanctuary;

	c.  his conduct and efficiency ratings are recorded as "excellent" or "unknown";

	d.  he served during one campaign period (Vietnam Counteroffensive Phase VII (1 July 1970 – 30 June 1971));

	e.  he received a gunshot wound to his left leg on 3 March 1971; and 

	f.  his authorized awards are listed as the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

9.  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 document shows that while the applicant was assigned to the 101st Aviation Battalion, it was cited for award of the Valorous Unit Award by Department of the Army General Orders (DAGO) Number 5, dated 1973; the Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 6, dated 1974, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 11, dated 1973.

10.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides 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.

11.  Army Regulation 600-8-22 (Military Awards) provides the following:

	a.  subsequent awards of the Air Medal are designated by the use of an Arabic numeral.  The numeral 2 denotes the second award; and 

	b.  a bronze service star is authorized, based on qualifying service, for each designated campaign period listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states his DD Form 214 does not list all of his awards and this is slowing down his membership in the Military Order of the Purple Heart.

2.  The applicant distinguished himself by his conduct, efficiency, and fidelity as evidenced by his combat service, his "excellent" conduct and efficiency ratings, 
his personal decorations, and his promotion to SP5/E-5.  The record contains no indication of any disqualifying incidents or recommendations.  Therefore, it is appropriate to award the applicant the Army Good Conduct Medal for his period of service from 24 March 1970 through 30 June 1972.

3.  The applicant was awarded the Air Medal with "V" Device (8th award) and the Purple Heart.  These awards are not listed on his DD Form 214.  Therefore, his records should be corrected to show these awards.

4.  The applicant participated in one campaign period in Vietnam.  Therefore, he is entitled to one bronze service star for wear on his Vietnam Service Medal.

5.  While the applicant was assigned to the 101st Aviation Battalion in Vietnam, this unit was authorized award of the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show these unit awards.

6.  Based on the above, it would be appropriate to correct the applicant's DD Form 214 as recommended below.

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.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal;

	b.  awarding the applicant the Army Good Conduct Medal (first award) for his period of service from 24 March 1970 through 30 June 1972; and

   c.  adding to item 24 of his DD Form 214 the Purple Heart, Air Medal with Numeral 8 with "V" Device," Army Good Conduct Medal (first award), Vietnam Service Medal with one bronze service star, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20090014739



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090014739



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1