BOARD DATE:	  1 July 2010

		DOCKET NUMBER:  AR20090021050 


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) for the period ending 
25 September 1970 to show:

* award of the Purple Heart (1st Award)
* award of the Army Commendation Medal with "V" Device
* specialist (SP4)/E-4 instead of private first class (PFC)/E-3
* addition of his secondary military occupational specialty  (MOS) of 11B (Light Weapons Infantryman)
* and the sharpshooter marksmanship qualification badges for the M-16 (Rifle) and the M-79 (Grenade Launcher)

2.  The applicant states the above were omitted from his DD Form 214 at the time of his release from active duty (REFRAD) and he would like these corrected as soon as possible for medical reasons.

3.  The applicant provides:

* a copy of a Western Union telegram, dated 29 May 1970 
* a copy of Headquarters, Americal Division Special Orders Number 161, dated 10 June 1970
* Headquarters, Americal Division Special Orders Number 164, dated 
13 June 1970


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 19 February 1969 and he successfully completed basic combat and advanced individual training.  He was awarded MOS 36K (Wireman).

3.  The applicant arrived in the Republic of Vietnam (RVN) and he was assigned to Headquarters and Headquarters Company, 1st Battalion, 6th Infantry, Americal Division on 26 September 1969.

4.  Headquarters, Americal Division General Orders Number 3632, dated 8 April 1970 shows the applicant was awarded the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile force in the RVN.

5.  The applicant provided a Western Union telegram, dated 29 May 1970, that was addressed to his mother informing her he had been slightly wounded in action on 28 May 1970 in the RVN.

6.  Headquarters, Americal Division Special Orders Number 185, dated 4 July 1970, show the applicant was awarded secondary MOS 11B, effective 12 June 1970.

7.  Headquarters, Americal Division Special Orders Number 238, dated 
26 August 1970, show the applicant was advanced to the rank of SP4 in primary MOS 36K, effective 22 July 1970.

8.  The applicant departed the RVN on 23 September 1970.  On 25 September 1970, he was honorably REFRAD after completing 1 year, 7 months, and 7 days of creditable active service with no time lost.  Item 5a (Grade, Rate, or Rank) and item 5b (Pay Grade) shows the entry PFC/E-3, respectively.
9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized of his DD Form 214 shows the following awards:

* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* Combat Infantryman Badge
* Two Overseas Service Bar
* Sharpshooter Marksmanship Qualification Badge (M-14 Rifle)

10.  There are no general orders in the applicant’s service personnel records that show he was awarded the Purple Heart.  There also is no evidence available that shows he was wounded or treated for wounds as a result of hostile action in Vietnam.  However, the applicant's name is listed on the Vietnam Casualty Roster and a Western Union telegram shows he was wounded in action in the RVN on 28 May 1970.

11.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the entry "MFW FACE (L) ARM [Multiple Fragment Wounds to Left Face and Arms] 28 May 70."

12.  Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the:

* Purple Heart 
* marksmanship qualification badge M-16 (Rifle) 
* marksmanship qualification badge M-79 (Grenade Launcher)

13.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  His records do not contain any adverse information and his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his period of service.

14.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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.

15.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.  There must have been no convictions by a court-martial.

16.  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.  A silver service star will be worn instead of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following five campaigns:

* Tet 69/Counteroffensive (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnamese Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), shows that, at the time of the applicant’s assignment to the 1st Battalion, 6th Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period
31 March 1970 through 30 June 1970 by Department of the Army General Orders 42, dated 1972.

18.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized preparation of the DD Form 214.  For item 22a it stated, enter primary MOS code number and title.

DISCUSSION AND CONCLUSIONS:

1.  There are no general orders awarding the applicant the Purple Heart.  However, the Western Union telegram, DA Form 20, and Vietnam Casualty Roster confirm that he was wounded in combat by hostile forces in the RVN on 28 May 70 and that he was treated for his wounds.  Therefore, the applicant is entitled to award of the Purple Heart (1st Award) for wounds sustained during hostile action and correction of his DD Form 214 to show this award.

2.  Evidence of record shows the applicant was awarded the Army Commendation Medal with "V" Device.  Therefore, his DD 214 should be amended to add this award.

3.  Evidence of record shows that the applicant was advanced to SP4/E-4, effective 22 July 1970, in his primary MOS of 36K.  Therefore, his rank/grade should be corrected on his DD Form 214.

4.  The applicant was REFRAD in the rank/grade of SP4/E-4 with 1 year,
7 months, and 7 days of creditable active service with no time lost and conduct and efficiency ratings of "excellent" throughout his period of service and no derogatory information contained in his available records.  It appears he met the eligibility criteria for award of the Army Good Conduct Medal (1st Award) for the period 19 February 1969 through 25 September 1970.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

5.  The evidence of record shows the applicant was awarded primary MOS 36K.  Headquarters, Americal Division Special Orders Number 185 shows he was awarded MOS 11B as a secondary MOS, effective 12 June 1970.  Army Regulation 635-5, in effect at the time, specifically stated to enter the Soldier's primary MOS in item 23a of the DD Form 214.  Therefore, MOS 36K is correctly entered on the applicant's DD Form with no provisions for adding a secondary MOS.

6.  There is no evidence in the applicant's records and the applicant has not provided evidence that show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) or the Grenade Bar (M-79 Grenade Launcher).  Therefore, there is no basis for adding these two weapons qualification badges to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ____x___  ____x___  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 partial 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 Army Commendation Medal;

	b.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal;

	c.  deleting from item 5a and 5b the entry "PFC/E-3" and replacing it with the entry "SP4/E-4";

   d.  awarding him the Purple Heart (1st Award) for wounds received in action on 28 May 1970;

   e.  awarding him the Army Good Conduct Medal (1st Award) for the period
19 February 1969 through 25 September 1970;

f.  adding to item 24 of his DD Form 214 the:

* Purple Heart 
* Army Commendation Medal with "V" Device
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one silver service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding to his DD Form 214 his secondary MOS of 11B and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and Grenade Bar (M-79 Grenade Launcher).



      __________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)                                         AR20090021050



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ABCMR Record of Proceedings (cont)                                         AR20090021050



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