IN THE CASE OF:	  

		BOARD DATE:	  29 April 2010

		DOCKET NUMBER:  AR20090017908 


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 the Purple Heart with First Oak Leaf Cluster.

2.  The applicant states that during his term of service he was awarded the Purple Heart and the Purple Heart with First Oak Leaf Cluster for injuries he suffered during combat.

3.  The applicant provides a DA Form 4980-10 (Purple Heart Certificate) for the Purple Heart with First Oak Leaf Cluster 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 was inducted into the Army of the United States on 9 February 1967.  He arrived in Vietnam on 9 July 1967.  He served as a light weapons infantryman assigned to Company B, 4th Battalion, 31st Infantry, 196th Light Infantry Brigade, from 13 July 1967 through 23 October 1967.  He was assigned to Headquarters and Headquarters Company (HHC), 199th Infantry Brigade, from 24 October 1967 through 8 December 1967.  He was assigned to Company C, 3rd Battalion, 7th Infantry Regiment, 199th Infantry Brigade, from 
9 December 1967 through 1 June 1968.  He was assigned to Company B, 7th Support Battalion, 199th Infantry Brigade, from 2 June 1968 through 8 July 1968.  On 7 February 1969, the applicant was released from active duty in the temporary rank of specialist four after completing 1 year, 11 months, and 29 days of creditable active service with no time lost.  He was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, two overseas service bars, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) as authorized awards.

4.  There are no orders for the Purple Heart in the available records.  However, a Western Union telegram, dated 8 August 1967, shows the applicant was slightly wounded in Vietnam on 7 August 1967 as a result of hostile action.  He sustained metal fragment wounds to his face.

5.  Headquarters, 24th Evacuation Hospital, General Orders Number 84, dated 20 April 1968, show the applicant received the Purple Heart with First Oak Leaf Cluster for wounds received in action on 18 April 1968 in Vietnam.  A Western Union telegram, dated 19 April 1968, shows he received laceration wounds to his left thumb while on a combat operation when he engaged hostile forces in a firefight.

6.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he sustained multiple fragment wounds to his face on 7 August 1967 and he sustained a laceration to his left thumb on 18 April 1968.  The Vietnam casualty roster also shows he was wounded in action on 7 August 1967 and on 18 April 1968.

7.  Records show the applicant participated in three campaigns during his assignment in Vietnam.
 
8.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  His records show he received "excellent" conduct and efficiency ratings throughout his service.

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 pamphlet shows the 3rd Battalion, 7th Infantry, was awarded the Valorous Unit Award for actions during the period 31 January 1968 to 19 February 1968 based on Department of the Army General Orders (DAGO) Number 48, dated 1968.

10.  Department of the Army Pamphlet 672-3 shows the 7th Support Battalion was awarded the Meritorious Unit Commendation for actions during the period 31 January 1968 to 31 December 1968 based on DAGO Number 37, dated 1970.

11.  Department of the Army Pamphlet 672-3 shows the 3rd Battalion, 7th Infantry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 31 January 1966 to 19 February 1968 based on DAGO Number 43, dated 1970.

12.  Department of the Army Pamphlet 672-3 shows the 7th Support Battalion was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 June 1968 to 31 July 1970 based on DAGO Number 51, dated 1971.

13.  Paragraph 6 (Miscellaneous Information) of Department of the Army Pamphlet 672-3 states that not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although the wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

14.  Department of the Army Pamphlet 672-3 shows HHC, 199th Infantry; the 3rd Battalion, 7th Infantry; and the 7th Support Battalion were each awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on DAGO Number 51, dated 1971.

15.  Army Regulation 600-8-22 (Military Awards) provides 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.

16.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

17.  Army Regulation 600-8-22 authorizes award of a bronze service star based on qualifying service for each campaign listed in appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, including the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The Western Union telegram, the entry in item 40 of the applicant's DA Form 20, and the entry on the Vietnam casualty roster which show the applicant was wounded in action on 7 August 1967 are accepted as sufficient evidence in which to amend his DD Form 214 to add the Purple Heart.  In addition, orders show the applicant received the Purple Heart with First Oak Leaf Cluster for wounds received in action on 18 April 1968.  Therefore, his DD Form 214 should be corrected to show the Purple Heart with First Oak Leaf Cluster.

2.  The applicant was released from active duty in the temporary rank of specialist four with almost 2 years of creditable active service with no time lost.  It appears the applicant met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 9 February 1967 through 7 February 1969 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the Army Good Conduct Medal and his DD Form 214 should be corrected to show this award.

3.  The applicant participated in three campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with three bronze service stars.  Therefore, his DD Form 214 should be corrected to show this award.

4.  The applicant's unit (3rd Battalion, 7th Infantry) was awarded the Valorous Unit Award while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show this unit citation.

5.  The applicant's unit (7th Support Battalion) was awarded the Meritorious Unit Commendation while he was assigned to it.  Therefore, his DD Form 24 should be corrected to show this unit citation.

6.  The applicant's units (3rd Battalion, 7th Infantry, and 7th Support Battalion) were each cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to them.  Therefore, he is eligible to wear one of those awards.  However, his DD Form 214 should be corrected to show two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

7.  The applicant's units (HHC, 199th Infantry; 3rd Battalion, 7th Infantry; and 7th Support Battalion) were each cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to them.  Therefore, his DD Form 214 should be corrected to show three awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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 first award of the Army Good Conduct Medal for the period 9 February 1967 through 7 February 1969 and

	b.  adding the Purple Heart with First Oak Leaf Cluster, Army Good Conduct Medal, Valorous Unit Award, Meritorious Unit Commendation, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, three awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and three bronze service stars for wear on his already-awarded Vietnam Service Medal to item 24 of his DD Form 214.



      ___________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)                                         AR20090017908



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ABCMR Record of Proceedings (cont)                                         AR20090017908



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