BOARD DATE:	  19 May 2010

		DOCKET NUMBER:  AR20090019371 


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 would like to have his records corrected to reflect his award of the Purple Heart.

3.  The applicant provides copies of his Purple Heart award certificate and 
DD Form 214.

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 10 January 1966.  He completed training and he was awarded military occupational specialty 11B (Light Weapons Infantryman).

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

	a.  block 31 (Foreign Service), service in Vietnam from 21 November 1966 through 14 October 1967;

	b.  block 33 (Appointments and Reductions), promotion to sergeant 
(SGT)/E-5 on 12 July 1967;

	c.  block 38 (Record of Assignments), assignment to Company C, 2nd Battalion, 3rd Infantry Regiment, 199th Infantry Brigade from 21 November 1966 through 9 June 1967 and the 54th Ordnance Company from 10 June 1967 through 13 October 1967;

	d.  block 38, "excellent" conduct and efficiency ratings throughout his service;

	e.  block 39 (Campaigns), participation during one Vietnam campaign period;

	f.  block 40 (Wounds), receipt of fragment wounds to his neck on 25 April 1967; and

	g.  block 41 (Awards and Decorations), award of the Republic of Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, National Defense Service Medal, Vietnam Service Medal, one Overseas Service Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar.

4.  His records contain a WHA [wounded in action] (FRIAR) casualty feeder report, dated 25 April 1967, which shows that while on a search and destroy mission the applicant was hit by fragmentation from a grenade thrown in his bunker at 1330 hours on 25 April 1967.  As a result, he received fragment wounds to his neck.  This record also shows he was treated at the 24th Evacuation Hospital.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the applicant's awards as the Combat Infantryman Badge, Vietnam Service Medal, National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and one Overseas Service Bar.

6.  The award certificate for the Purple Heart shows that on 26 April 1967 the Commanding General of the 199th Infantry Brigade awarded the applicant this medal for wounds received in April 1967.

7.  The applicant's record contains no derogatory entries or a notation that the applicant was considered not eligible for award of the Army Good Conduct Medal (first award).

8.  A review of the National Archives and Records Administration Vietnam War Casualty Roster did not include the applicant's name.

9.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  This document shows that while the applicant was assigned to:

	a.  the 2nd Battalion, 3rd Infantry Regiment, it was cited for award the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 December 1966 - 31 August 1970 by Department of the Army General Orders (DAGO) 31, dated 1971, and 

	b.  the 54th Ordnance Company, it was cited for award the Meritorious Unit Commendation for the period 31 October 1965 - 31 December 1967 by DAGO 48, dated 1968.

11.  Department of the Army Pamphlet 672-3, paragraph 6d states that DAGO 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the following units:

	a.  Headquarters, United States Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973.

	b.  Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

12.  Army Regulation 600-8-22 (Military Awards), provides 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 active Federal military service.  A record of punishment is not automatically disqualifying.  However, at that time, a single efficiency rating of less than excellent was disqualifying.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.  At that time, a disqualification was normally noted on the DA Form 20.

13.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 contains a list of Vietnam campaigns, and it shows that during the applicant's tour in Vietnam, he participated in the following campaign phases:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)

14.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.

15.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states that he would like to have his records corrected to reflect his award of the Purple Heart.

2.  Evidence shows the applicant was wounded as a result of hostile action on
25 April 1967.  He received medical treatment at the 24th Evacuation Hospital and he was awarded the Purple Heart on 26 April 1967.

3.  The applicant distinguished himself by his conduct, efficiency, and fidelity as evidenced by his combat service, his "excellent" conduct and efficiency ratings, and his promotion to SGT/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 (first award) for his period of service from 10 January 1966 through 16 October 1967.

4.  Records show the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar, which was omitted from the DD form 214.

5.  The applicant served during two campaign periods and he is entitled to wear two bronze service stars on his already-awarded Vietnam Service Medal.

6.  The applicant is also entitled to the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

7.  The applicant served in Vietnam during the period 21 November 1966 through 13 October 1967 (arrival and departure months inclusive), for a creditable period of 12 months, which qualifies him for award of two Overseas Service Bars.

8.  Therefore, the above awards should be shown on his DD Form 214.

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 and one Overseas Service Bar;

	b.  awarding him the Army Good Conduct Medal (first award) for the period
10 January 1966 through 16 October 1967; and

	c.  adding to item 24 of his DD Form 214 the Purple Heart, Army Good Conduct Medal (first award), Vietnam Service Medal with two bronze service stars, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Marksman Marksmanship Qualification Badge with Rifle Bar, and two Overseas Service Bars.



      _____________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)                                         AR20090019371



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ABCMR Record of Proceedings (cont)                                         AR20090019371



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