IN THE CASE OF:	

		BOARD DATE:	  01 June 2010

		DOCKET NUMBER:  AR20090020669 


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 the award of the Purple Heart.

2.  The applicant states he was hit in 1967 in the Republic of Vietnam with shell fragments in the back of his legs, back, and buttocks.

3.  The applicant provides copies of:

* three pages from his service medical records
* a Standard Form 180 (Request Pertaining to Military Records), dated 
30 July 2008
* a letter to him from the National Personnel Records Center, St. Louis, MO, dated 29 October 2009

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 military personnel records show he enlisted in the Regular Army (RA) on 31 July 1959 for a period of 3 years.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 111.07 (Light Weapons Infantryman).  He reenlisted on
22 September 1961 for a period of 4 years.

3.  Headquarters, 1st Battle Group, 8th Cavalry, 1st Cavalry Division, General Orders Number 23, dated 21 August 1962, awarded the applicant the Army Good Conduct Medal (First Award).

4.  The applicant was honorably discharged on 20 September 1965.  He had completed 6 years, 1 month, and 20 days of total active service.

5.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending
20 September 1965 shows he was awarded the Army Good Conduct Medal (First Award).

6.  On 30 August 1966, the applicant enlisted in the RA for a period of 3 years.

7.  The applicant served as a team leader in MOS 11B (Light Weapons Infantryman) with A Company, 2nd Battalion, 14th Infantry in the Republic of Vietnam from 26 September 1967 to 12 January 1968.

8.  Headquarters, 25th Infantry Division, General Orders Number 185, dated
13 January 1968, awarded the applicant the Purple Heart for wounds received in connection with military operations against a hostile force on 14 December 1967.

9.  Based on the applicant's dates of service in Vietnam from 26 September 1967 to 12 January 1968, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows he served in the Vietnam Counteroffensive, Phase III (1 June 1967 - 
29 January 1968) campaign.

10.  On 29 August 1969, the applicant was honorably discharged.  He had completed 2 years, 11 months, and 27 days of net service this period with
3 days time lost.  He had completed 9 years, 1 month, and 15 days of total active service.

11.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 29 August 1969 does not show he was awarded the Purple Heart or the Army Good Conduct Medal (First Award).

12.  On 5 June 1970, the applicant enlisted in the RA for a period of 3 years.

13.  He was assigned as the chief documents clerk with the U.S. Army Transportation Terminal Unit at Qui Nhon in the Republic of Vietnam from 
19 June 1970 to 2 May 1971.

14.  Based on the applicant's dates of service in Vietnam during this period, Table B-1 of Army Regulation 600-8-22 shows he served in the following two campaigns:

* DA Sanctuary Counteroffensive (1 May 1970 - 30 June 1970)
* Vietnam Counteroffensive, Phase VII (1 July 1970 - 30 June 1971)

15.  On 5 October 1972, the applicant was discharged under honorable conditions.  He had completed 2 years, 3 months, and 6 days of net service this period and 11 years, 4 months, and 21 days of total active service.

16.  Item 24 of his DD Form 214 for the period ending 5 October 1972 shows he is authorized the Vietnam Service Medal.  However, item 24 does not show he was awarded or authorized the:

* Purple Heart
* Army Good Conduct Medal (First Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.  This document shows that, during the time of the applicant’s assignment to
2nd Battalion, 14th Infantry from 26 September 1967 to 12 January 1968, the unit received the: 

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period April 1966 - August 1968 by Department of the Army General Orders (DAGO) 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 20 April 1966 - 21 January 1970 by DAGO 51, dated 1971
18.  Army Regulation 600-8-22 (Military Awards) authorizes award of a bronze service star based on qualifying service for each campaign listed in Appendix B of this regulation.  The regulation states that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.

19.  Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214.  This regulation stated that all decorations, service medals, campaign credits, and badges awarded or authorized will be entered in item 24 of a Soldier's 
DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded the Purple Heart for wounds received in action in 1967.

2.  Orders in the applicant's Official Military Personnel File (OMPF) show he was awarded the Purple Heart for wounds received in action on 14 December 1967.  His OMPF also contains orders awarding him the Army Good Conduct Medal (First Award) during a previous enlistment.  Army Regulation 635-5 states all decorations are to be included on a Soldier's DD Form 214.  Therefore, his award of the Purple Heart and his previously awarded Army Good Conduct Medal (First Award) should be included on his DD Form 214 for the period ending 29 August 1969.

3.  Based on his service with A Company, 2nd Battalion, 14th Infantry he is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, these awards should be included on his DD Form 214 for the period ending 29 August 1969.

4.  The applicant's military personnel records show he participated in three campaigns during his two tours of duty in Vietnam.  Therefore, his DD Form 214 for the period ending 5 October 1972 should show he is authorized three bronze service stars to be worn on his already-awarded Vietnam Service Medal.

5.  Army Regulation 635-5 states all awards are to be included in item 24 of a Soldier's DD Form 214.  Therefore, his DD Form 214 for the period ending
5 October 1972 should include the:

* Purple Heart
* Army Good Conduct Medal (First Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 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:

1.  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 amending item 24 of his DD Form 214 for the period ending 29 August 1969 to show he was awarded or authorized the:

* Purple Heart
* Army Good Conduct Medal (First Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

2.  The Board further recommends that all Department of the Army records of the individual concerned be corrected by amending item 24 of his DD Form 214 for the period ending 5 October 1972 to show he was awarded or is authorized the:

* Purple Heart
* Army Good Conduct Medal (First Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20090020669



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ABCMR Record of Proceedings (cont)                                         AR20090020669



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