BOARD DATE:	  29 June 2010

		DOCKET NUMBER:  AR20090020884 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) of his deceased father, a former service member (FSM), be corrected to show award of the Purple Heart.

2.  The applicant states his father was wounded in Vietnam.  He was shot in his right leg and his hand.

3.  The applicant provides a copy of his birth certificate and the FSM's death certificate.

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 FSM's records show he was inducted into the Army of the United States on 10 June 1969 and held military occupational specialty 11B (Light Weapons Infantryman).  

3.  His records also show that he served in the Republic of Vietnam from 24 November 1969 to 6 November 1970.  He was assigned to Company B, 1st Battalion, 8th Infantry, from on or about 18 December 1969 to on or about 26 March 1970 and Troop D, 1st Squadron, 10th Cavalry Regiment, from on or about 26 March 1970 to on or about 6 November 1970.

4.  He was honorably released from active duty on in the rank/grade of specialist four (SP4)/E-4 on 9 June 1971 and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation.

5.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal with two bronze service stars, and Republic of Vietnam Campaign Medal.

6.  Headquarters, 17th Field Artillery Hospital, General Orders Number 54, dated 6 March 1970, awarded him the Purple Heart for wounds received in action on 27 February 1970 in Vietnam.

7.  Review of the FSM's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

8.  Headquarters, 4th Infantry Division, published the following orders:

	a.  General Orders Number 5420, dated 3 September 1970, awarding him the Purple Heart for wounds received in action on 28 August 1970 in Vietnam.

	b.  General Orders Number 3608, dated 26 June 1970, awarding him the Air Medal for meritorious achievement while participating in aerial flight in Vietnam

	c.  General Orders Number 4863, dated 30 September 1970, awarding him the Army Commendation Medal (1st Oak Leaf Cluster) for meritorious service in connection with military  operations against an armed hostile force.

	d.  Special Orders Number 41, dated 10 February 1970, awarding him the Combat Infantryman Badge.



9.  Headquarters, Fort Polk, Fort Polk, LA, published the following orders:

	a.  Special Orders Number 27, dated 18 September 1969, awarding him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). 

   b.  Special Orders Number 239, dated 30 September 1969, awarding him the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60).

10.  His records contain a record of nonjudicial punishment (NJP), dated 4 February 1971 for a minor offense of disobeying a lawful order.  However, item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service.

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified 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. 

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows at the time of his assignment to Troop D, 1st Squadron, 10th Cavalry, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders 52, dated 197.

13.  Appendix B of Army Regulation 600-8-22 shows that the FSM participated in the Vietnam Winter - Spring (1 November 1969 to 30 April 1970), DA Sanctuary Counteroffensive (1 May 1970 to 30 June 1970), and Vietnam Counteroffensive, Phase VII (1 July 1970 – 30 June 1971) campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the FSM two awards of the Purple Heart for wounds received in action on 27 February and 28 August 1970 in Vietnam.  However, neither is shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show two awards of the Purple Heart.
2.  General orders awarded the FSM the Air Medal and the Army Commendation Medal (1st Oak Leaf Cluster).  However, neither is shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  Special orders awarded the FSM the Combat Infantryman Badge, Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60).  However, none is shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these badges.

4.  General orders awarded the FSM’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his records; therefore, he is entitled to correction of his records to show this unit award.

5.  The evidence of record shows the FSM was awarded the Vietnam Service Medal.  Additionally, records show he participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to 3 bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

6.  The evidence of record confirms the FSM served honorably during the period 10 June 1969 through 9 June 1971.  Although his record contains a record of NJP for a minor infraction, he received "excellent" conduct and efficiency ratings throughout his military service, attained the rank/grade of SP4/E-4, and received multiple combat awards.  Lacking any other derogatory information on file that would have disqualified him, it would be appropriate to award the FSM the first award of the Good Conduct Medal based on completion of a qualifying period of Federal military service.  Therefore, he is entitled to correction of his records to show this 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 the DD Form 214 of the individual concerned be corrected by:

	a.  awarding the FSM the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 10 June 1969 through 9 June 1970; 

	b.  deleting the Vietnam Service Medal with 2 bronze service stars from his DD Form 214; and

	c.  adding to his DD Form 214 the Purple Heart (1st Oak Leaf Cluster), Good Conduct Medal (1st Award), Army Commendation Medal (1st Oak Leaf Cluster),  Air Medal, Combat Infantryman Badge, Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Vietnam Service Medal with 3 bronze service stars.



      _______ _  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)                                         AR20090020884



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090020884



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1