IN THE CASE OF:	  

		BOARD DATE:	    29 April 2010

		DOCKET NUMBER:  AR20090018551 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart and any additional awards or service medals.

2.  The applicant states he was awarded the Purple Heart and his DD Form 214 does not show he received this award.  Additionally, he states he wants his records reviewed and corrected to show all eligible awards or medals for his service in the Republic of Vietnam.

3.  The applicant provides a copy of his DD Form 214 and General Orders Number 288, dated 24 September 1968, awarding him the Purple Heart.

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 27 November 1967 for a 2-year period.  He completed basic and advanced individual training meeting the qualification standards for military occupational specialty 11B (Light Weapons Infantryman).

3.  On 29 March 1968, Special Orders Number 080, Headquarters, U.S. Army Training Center, Infantry and Fort Polk, awarded him the Sharpshooter Marksmanship Qualification Badge for the M-60 Machine Gun and the Marksman Marksmanship Qualification Badge for the M-16 Rifle.

4.  The applicant was assigned to Company B, 3rd Battalion, 8th Infantry, 4th Infantry Division, and served in the Republic of Vietnam from on or about 10 May 1968 to 3 May 1969.

5.  The applicant was honorably released from active duty on 26 November 1969 and transferred to the U.S. Army Reserve Control Group (Annual Training).  The DD Form 214 issued to him shows he competed 2 years of active Federal service with 1 year and 1 day of foreign service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows these awards:

* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge

7.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his tenure of service.  His military personnel records do not show any time lost or record of nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice or any records of conviction by court-martial.  There is also no record of a commander's disqualification for award the Army Good conduct Medal.

8.  Item 40 (Wounds) of the applicant's DA Form 20, dated 9 June 1969, shows an entry for wounds received in hostile action on 21 September 1968.  He had second-degree burns to his buttocks.

9.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show he was awarded the Purple Heart.

10.  Military medical clinical records, dated 23 September 1969, show the applicant was injured in the line of duty on 21 September 1968 by a hostile force rocket blast.  He received second-degree burns to his buttocks.  The injury occurred near Pleiku in the Republic of Vietnam.

11.  A second military medical clinical record, dated 4 October 1968, shows the effects of a hostile force rocket that injured the applicant on 21 September 1968.  He had second-degree burns to his buttocks and he was treated for these injuries at the 106th General Hospital.

12.  The applicant provided the Board with a copy of General Orders Number 288, Headquarters, 71st Evacuation Hospital (Semi-mobile), dated 24 September 1968, showing he received the Purple Heart for wounds received in action on 21 September 1968.

13.  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.

14.  Army Regulation 672-5-1 (Military Awards), in effect at the time, required that the enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial throughout a qualifying period of service for award of the Army Good Conduct Medal.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service. 

15.  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 document shows that the unit to which the applicant was assigned was awarded the following unit awards:

	a.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966 to 26 July 1969 by Department of the Army General Orders (DAGO) Number 3, dated 1970 and

	b.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 to 31 October 1969 by DAGO Number 53, dated 1970.

16.  Army Regulation 600-8-22 provides for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  Appendix B of this regulation shows the campaigns for Vietnam.  This regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  During the applicant's tour in Vietnam, he participated in four campaigns:

* Vietnam Counteroffensive Phase IV (2 April 1968 to 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July 1968 to 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 to 22 February 1969)
* Tet 69 Counteroffensive (23 February 1969 to 8 June 1969)

DISCUSSION AND CONCLUSIONS:

1.  Official orders awarded the applicant the Purple Heart, the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar.  Therefore, he is entitled to a correction of his records to show these three awards.

2.  The applicant's records show he received "excellent" conduct and efficiency ratings throughout his tenure of service and that he was fully qualified for reenlistment.  There is no record of evidence showing a commander's disqualification.  Therefore, the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of a qualifying period of service from 27 November 1967 to 26 November 1969 ending with the termination of his first period of qualifying Federal military service.

3.  Records show the applicant's unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his tour of duty in the Republic of Vietnam.  Therefore, he is entitled to correction of his records to show these two unit awards.

4.  Records show the applicant was awarded the Vietnam Service Medal.  Additionally, records show he participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to four bronze service stars to be affixed to his previously-awarded Vietnam Service Medal.



BOARD VOTE:

___X____  ___X____  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined 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 the applicant the Army Good Conduct Medal for his period of service from 27 November 1967 to 26 November 1969;

	b.  deleting the Vietnam Service Medal with three bronze service stars from his DD Form 214; and

	c.  adding to item 24 of the applicant's DD Form 214 the following awards:

* Purple Heart
* Army Good Conduct Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar



      __________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)                                         AR20090018551



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ABCMR Record of Proceedings (cont)                                         AR20090018551



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