IN THE CASE OF:	

		BOARD DATE:	  29 April 2010

		DOCKET NUMBER:  AR20090018408 


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 2 years of service in Vietnam, award of Combat Assault Wings (properly known as the Air Assault Badge), and that he was wounded and is entitled to the Purple Heart.

2.  The applicant states he did not pay close attention to his DD Form 214 at the time of his release.  He served two tours of duty in Vietnam and was awarded the Air Assault Badge.  The wounds he received from 1968-1969 were never documented.

3.  The applicant provides a copy of his DA Form 20 (Enlisted Qualification Record).

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 service medical and dental records are believed to be on permanent loan to the Department of Veterans Affairs and are not available for review.

3.  The applicant enlisted in the Regular Army on 15 December 1966, completed training, and was awarded military occupational specialty 05B (Intermediate Speed Radio Operator).

4.  The applicant completed basic airborne training and was awarded special qualifications designator "P" and the Parachutist Badge.

5.  His DA Form 20 provides the following information:

	a.  promotion to sergeant (E-5) effective 7 October 1968;

	b.  service in Vietnam from 14 July 1967 through 18 July 1969 with Headquarters and Headquarters Company, 1st Battalion (Airborne), 327th Infantry Regiment, 101st Airborne Division;

	c.  participation in three foreign campaigns;

	d.  award of the National Defense Service Medal, Vietnam Service Medal, Parachutist Badge, Republic of Vietnam Campaign Medal with Device (1960), Bronze Star Medal, Army Commendation Medal, Combat Infantryman Badge, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar; 

	e.  his conduct and efficiency ratings are reported exclusively as "excellent"; and

	f.  item 40 (Wounds) is blank.

6.  His DD Form 214 shows the following:

	a.  his rank and grade as sergeant (E-5);

	b.  he was honorably released from active duty under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 5, as an overseas returnee on 16 July 1969;

	c.  2 years, 7 months, and 2 days of creditable service with no lost time;

	d.  foreign and/or sea service of 1 year and 2 days; and

	e.  award of the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Parachutist Badge, Bronze Star Medal, Army Commendation Medal, and Combat Infantryman Badge.

7.  The available records do not show attendance in an air assault training course.

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Air Assault Badge or the Purple Heart for this applicant.

9.  A review of the Vietnam casualty list failed to locate any reference to the applicant.

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 document shows that while the applicant was assigned to the 1st Battalion, 327th Infantry Regiment, 101st Airborne Division, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

11.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  As then in effect, it stated that the total period of service outside of the continental United States was to be entered at item 22c with a denotation of the last theater of operations the Soldier served in.  Item 30 was to be used to enter mandatory entries not located elsewhere on the form and for continuation from other items.  Although not a required entry, it was the practice to denote the specific dates of service in Vietnam.

12.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It provides the following:

	a.  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.

	b.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during 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.  A record of punishment is not automatically disqualifying.  At that time, a single conduct or efficiency rating of less than "excellent" was disqualifying, although a "good" academic evaluation in a service school was not disqualifying.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of unfavorable consideration and permits the individual to respond.  At that time, non-favorable consideration was normally noted on the DA Form 20.

	c.  The Air Assault Badge is awarded to an individual who satisfactorily completed an air assault training course according to the U.S. Army Training and Doctrine Command standardized Air Assault Core Program of Instruction or who completed the standard Air Assault Course while assigned or attached to 101st Airborne Division (Air Assault).

	d.  A bronze service star is authorized based on qualifying service for each designated campaign listed in appendix B of this regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  A silver service star is authorized in lieu of five bronze service stars.  This regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, appendix B indicates he participated during the following seven campaign periods:  Counteroffensive Phase III (1 June 1967-29 January 1968), Tet Counteroffensive (30 January 1968-1 April 1968), Counteroffensive Phase IV (2 April 1968-30 June 1968), Counteroffensive Phase V (1 July 1968-1 November 1968), Counteroffensive Phase VI (2 November 1968-22 February 1969), Tet 69 Counteroffensive (23 February 1969- 8 June 1969), and Vietnam Summer-Fall 1969 (9 June 1969-31 October 1969).

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he did not pay close attention to his DD Form 214 at the time of his release.  He served two tours of duty in Vietnam and was awarded the Air Assault Badge.  He was wounded and is entitled to the Purple Heart.

2.  The applicant distinguished himself by his conduct, efficiency, and fidelity as evidenced by his combat service, his conduct and efficiency ratings, his personal decorations, and his promotion to E-5.  The record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the Army Good Conduct Medal for his period of service from 15 December 1966 through 16 July 1969.

3.  The applicant served in Vietnam from 14 July 1967 through 18 July 1969, a period of 2 years and 5 days, not the 1 year and 2 days shown on his DD Form 214.  It is appropriate to correct the record to show the proper duration and that he served in Vietnam.

4.  The applicant served in Vietnam during seven campaign periods and is entitled to wear one silver and two bronze service stars on his Vietnam Service Medal.

5.  The applicant's award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar was omitted from his DD Form 214.  It is appropriate to correct the record to show this badge.

6.  While the applicant served with the 1st Battalion, 327th Infantry Regiment, 101st Airborne Division, it was authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  The applicant's DD Form 214 does not reflect these awards.  It is appropriate to correct the record to show these unit awards.

7.  The record does not contain and the applicant has not provided any documentation showing he received a wound as the result of hostile action that required treatment by medical personnel and that the medical treatment was made a matter of official record.  Therefore, no correction of the record to show the applicant was wounded or is entitled to award of the Purple Heart can be shown.

8.  The record does not contain and the applicant has not provided any documentation showing he attended an air assault training course.  Therefore, entitlement to an Air Assault Badge cannot be shown.


.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X___  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding the applicant Good Conduct Medal for his period of service from 15 December 1966 through 16 July 1969; 

	b.  correcting item 22c of his DD Form 214 to show he served in Vietnam for a period of 2 years and 5 days; and

	c.  correcting item 24 of his DD Form 214 to show that in addition to the awards currently listed, the applicant is also authorized the Army Good Conduct Medal, one silver and two bronze service stars with his Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to showing he was wounded in Vietnam or is authorized award of the Purple Heart or the Air Assault Badge.



      ___________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)                                         AR20090018408



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ABCMR Record of Proceedings (cont)                                         AR20090018408



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