IN THE CASE OF:	  

		BOARD DATE:	  13 July 2010

		DOCKET NUMBER:  AR20090021058 


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 award of the Purple Heart and any other awards he may be entitled to.

2.  The applicant states:

* he was hit by enemy shrapnel when he was in the Army
* his awards were omitted from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) by unit clerks and medical personnel

3.  The applicant provides a copy of his 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 27 July 1967 and he successfully completed his training as a light weapons infantryman. He was transferred to the Republic of Vietnam on 2 April 1968 and assigned to:

* Company E, 5th Battalion, 12th Infantry, 199th Infantry Brigade from
2 April 1968 through 2 July 1968
* Company C, 2nd Battalion, 3rd Infantry, 199th Infantry Brigade from
3 July 1968 through 28 March 1969

3.  The applicant departed the Republic of Vietnam on 29 March 1969 en route to the continental United States.  He was honorably released from active duty (REFRAD) as an overseas returnee on 31 March 1969.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge

5.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device 1960
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14), Machinegun (M-60), and Pistol (.45 Caliber) Bars
* Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar

6.  The applicant's DA Form 20 also shows he received "excellent" conduct and efficiency ratings throughout his service.  His records contain no derogatory information that would have disqualified him from being awarded the first award of the Army Good Conduct Medal.

7.  A review of his records does not show that he was ever wounded as a result of hostile action by enemy forces during his period of service.

8.  The applicant's name is not shown on the Vietnam Casualty Roster.

9.  Army Regulation 600-8-22 (Military Awards) provides 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.

10.  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.  Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns:

* Vietnam Counteroffensive, Phase IV (2 April 1968 - 30 June 1968)
* Vietnam Counteroffensive, Phase V (1 July 1968 - 1 November 1968)
* Vietnam Counteroffensive, Phase VI (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive, 1969 (23 February 1969 - 8 June 1969)

11.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

12.  Army Regulation 672-5-1, in effect at the time, provided that the Good Conduct Medal is awarded to individuals who 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.

13.  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 document shows the units to which the applicant was assigned was cited for the following awards:
   
a.  Company E, 5th Battalion, 12th Infantry, 199th Infantry Brigade:
   
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the 
period 19 June 1968 - 31 July 1970 by Department of the Army General Order (DAGO) 51, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 
   for the period April 1968 – 31 August 1970 by DAGO 51, dated 1971
   
   b.  Company C, 2nd Battalion, 3rd Infantry, 199th Infantry Brigade:
   
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the 
period 19 June 1968 - 31 July 1970 by Department of the Army General Order (DAGO) 51, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 
for the period 12 December 1966 - 31 August 1970 by DAGO 31, dated 1971

14.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information) states that not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  However, there is no evidence in his official records and he has not provided any evidence that shows he was wounded as a result of hostile action during his service in the Republic of Vietnam.

2.  His name is also not listed on the Vietnam Casualty Roster.  Therefore, based on the available evidence there is no basis for granting this portion of the applicant's requested relief.

3.  It appears the applicant met the eligibility criteria for award of the Army Good Conduct Medal and he should be awarded it.

4.  The applicant is entitled to several other awards that were not included on his DD Form 214:

* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (two awards)
* 
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (two awards)
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14), Machinegun (M-60), and Pistol (.45 Caliber) Bars
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

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 Vietnam Service Medal and the Vietnam Campaign Medal;

   b.  awarding him the Army Good Conduct Medal for the period 27 July 1967 through 31 March 1969; and

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

* Army Good Conduct Medal (1st award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (two awards)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (two awards)
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14), Machinegun (M-60), and Pistol (.45 Caliber) Bars
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

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 awarding him the Purple Heart.



      __________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)                                         AR20090021058



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ABCMR Record of Proceedings (cont)                                         AR20090021058



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