IN THE CASE OF:	  

		BOARD DATE:	  20 May 2010

		DOCKET NUMBER:  AR20090019726 


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 his Purple Heart is not listed on his DD Form 214.

3.  The applicant submits a self-authored statement 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's records show he was inducted into the Regular Army (RA) on
7 January 1969.
3.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 22 June 1969 through
13 August 1970 and was assigned to the 3rd Battalion, 187th Infantry Regiment, 101st Airborne (Air Assault) Division.

4.  Item 40 (Wounds) of his DA Form 20 shows he received a fragment wound to his left foot on 7 January 1970.

5.  The applicant's name is listed on the Vietnam Casualty Roster under casualty status 23, which refers to "hostile wounded in action - not serious – not hospitalized" on 7January 1970.

6.  On 12 August 1970, the applicant was released from active duty and transferred to the United States Army Reserve.  He completed a total of 1 year,
7 months, and 6 days of net active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, two Overseas Service Bars, Vietnam Service Medal, RVN Campaign Medal, Combat Infantryman Badge, Army Commendation Badge, Bronze Star Medal, Air Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).  

7.  Army Regulation 672-5-1 (Awards), in effect at the time, provided 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.

8.  Appendix B of Army Regulation 600-8-22 lists the campaigns for the Vietnam Conflict.  Based on the applicant's period of service in Vietnam, he participated in the Vietnam summer-Fall 1969, Vietnam Winter-Spring 1970, DA Sanctuary Counteroffensive, and Vietnam Counteroffensive campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

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 unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 5 May 1965 to 26 September 1970, by Department of the Army General Orders Number 8, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's name is listed on the RVN Casualty Roster for wounds received on 7 January 1970 while serving in the RVN.  Item 40 of his DA Form 20 also shows that he was wounded on the same date.  Therefore, his record should be corrected to show the award of the Purple Heart.

2.  The available evidence confirms that the applicant served in the Army from
22 January 1969 to 25 August 1970.  His records show that he received "excellent" conduct and efficiency ratings throughout his tenure of service.  There is also no evidence of any derogatory information that would have disqualified the applicant for award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal (1st award) and correct his DD Form 214 to show this medal.

3.  Records show that the applicant participated in four campaigns during his service in the RVN.  Therefore, he is eligible for award of four bronze service stars to be worn on his already-awarded Vietnam Service Medal.

4.  General orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his tenure of assignment.  Therefore, he is entitled to correction of his records to show this unit award.

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 be corrected by:

	a.  deleting from item 24 of the applicant's DD Form 214 the Vietnam Service Medal,

   b.  awarding the applicant the Purple Heart Medal and the Good Conduct Medal (1st award) from 7 January 1970 and 12 August 1970, and
   	
   c.  adding to item 24 of the applicant's DD Form 214 the Purple Heart, Army Good Conduct Medal (1st award), Vietnam Service Medal with four bronze service stars, and RVN Gallantry Cross with Palm 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)                                         AR20090019726



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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