IN THE CASE OF:	  

		BOARD DATE:	    3 August 2010

		DOCKET NUMBER:  AR20100001018 


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
* the Air Medal
* the Army Commendation Medal
* the Vietnam Service Medal with four bronze service stars
* the Combat Infantryman Badge
* the Republic of Vietnam Campaign Medal with Device (1960)
* the Expert Marksmanship Qualification Badge with Automatic Rifle Bar 
(M-16)
* the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar (M-14)

2.  He states he was wounded on 27 May 1968 as the result of hostile action while serving in the Republic of Vietnam.  He also states the Adjutant General at the time sent a telegram to his parents informing them of the incident and his medical condition.  He concludes he was unaware of this error until he attempted to obtain Purple Heart license plates for his vehicle.

3.  He provides copies of:

* his DD Form 214
* a Western Union telegram
* a letter from the National Personnel Records Center, St. Louis, Missouri
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.  His record shows he was inducted into Army of the United States on 19 September 1966 and held military occupational specialty 11C (Infantryman Indirect Fire Crewman).  The highest rank/pay grade he attained while serving on active duty was sergeant/E-5.  On 2 September 1968, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).

3.  His DA Form 20 (Enlisted Qualification Record) contains the following pertinent information:

	a.  Item 31 (Foreign Service) shows he served a tour of duty in the Republic of Vietnam during the period 1 September 1967 through 30 August 1968.

	b.  Item 38 (Record of Assignments) shows that during his tour of duty in the Republic of Vietnam he served in the following units for the periods indicated:

* Headquarters and Headquarters Company, 1st Battalion, 50th Infantry Regiment, from 22 September 1967 to 30 October 1967
* Company D, 1st Battalion, 50th Infantry Regiment, from 1 November 1967 to 4 January 1968
* Company C, 1st Battalion, 7th Cavalry Regiment, from 5 January 1968 to 1 August 1968
* Company E, 1st Battalion, 7th Cavalry Regiment, from 2 August 1968 to 13 August 1968
* Company C, 1st Battalion, 7th Cavalry Regiment, from 14 August 1968 to 29 August 1968

	c.  Item 38 also shows he received conduct and efficiency ratings of "excellent" for each of his duty assignments.  His record does not contain any derogatory information or a record of a commander's disqualification for award of the Army Good Conduct Medal.

	d.  Item 40 (Wounds) shows he sustained fragmentation wound(s) to the left side of his back on 27 May 1968.

4.  Headquarters, 2d Armored Division, Fort Hood, TX, Special Orders Number 229, dated 17 August 1967, awarded him the Expert Marksmanship Qualification Badge with Automatic Rifle Bar (M-16).

5.  He provides a copy of a Western Union telegram, dated 31 May 1968, wherein the Adjutant General informed his parents he was slightly wounded in Vietnam on 27 May 1968 as a result of hostile action.  He received a metal fragment wound to the left side of his back while on a combat operation when engaged by a hostile force in a firefight.  He was hospitalized in Vietnam.

6.  The Vietnam casualty roster shows he sustained a wound as the result of hostile fire on 27 May 1968.

7.  Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 6169, dated 25 June 1968, awarded him the Army Commendation Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam during the period August 1967 to April 1968.

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders awarding him the Purple Heart or any additional awards.

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized to wear:

* the National Defense Service Medal
* the Vietnam Service Medal
* the Republic of Vietnam Campaign Medal with Device (1960)]
* the Combat Infantryman Badge
* the Air Medal
* the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* two overseas service bars

10.  He provides a letter from the National Personnel Records Center, St. Louis, Missouri, dated 21 September 2009.  The letter informed him he was eligible for the following awards and decorations in addition to those shown on his DD Form 214:

* the Army Commendation Medal
* four bronze service stars to be affixed to his previously-awarded Vietnam Service Medal
* the Expert Marksmanship Qualification Badge with Automatic Rifle Bar
* the Republic of Vietnam Gallantry Cross with Palm Unit Citation

11.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained as a direct 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 military personnel, and the medical treatment must have been made a matter of official record.

12.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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.  Army Regulation 600-8-22 provides for award of the Vietnam Service Medal. 
Appendix B shows the campaigns for Vietnam.  During his tour in Vietnam he participated in four campaigns:  Vietnam Counteroffensive Phase III, Tet Counteroffensive, Vietnam Counteroffensive Phase IV, and Vietnam Counteroffensive Phase V.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

14.  Department of the Army General Orders Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his unit for achievements during his period of assignment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of:

* the Purple Heart
* the Air Medal
* the Army Commendation Medal
* the Vietnam Service Medal with four bronze service stars
* the Combat Infantryman Badge
* the Republic of Vietnam Campaign Medal with Device (1960)
* the Expert Marksmanship Qualification Badge with Automatic Rifle Bar
(M-16)
* the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar (M-14)

2.  His DD Form 214 already shows he was awarded or authorized to wear the following awards and decorations and therefore no corrective action is required:

* the National Defense Service Medal
* the Combat Infantryman Badge
* the Air Medal
* the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* two overseas service bars

3.  The evidence shows he sustained a fragmentation wound to the left side of his back as the direct result of hostile action while serving in the Republic of Vietnam on 27 May 1968.  His wound was treated by medical personnel and made a matter of official record.  Therefore, he is entitled to award of the Purple Heart and correction of his record to show receipt of this award.

4.  General orders awarded him the Army Commendation Medal and awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to have his records corrected to show these awards.

5.  Special orders awarded him the Expert Marksmanship Qualification Badge with Automatic Rifle Bar (M-16).  Therefore, he is entitled to have his records corrected to show this badge.

6.  His records show he was awarded the Vietnam Service Medal.  The evidence shows he participated in four campaigns during his service in the Republic of Vietnam.  Therefore, he is eligible for the wear of four bronze service stars to be affixed to his Vietnam Service Medal.

7.  The evidence of record shows he completed a period of honorable service during which he received all "excellent" conduct and efficiency ratings and had no convictions by a court-martial.  Additionally, there is no evidence that he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Therefore, he is entitled to the first award of the Army Good Conduct Medal for the period 19 September 1966 to 2 September 1968 and 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 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:

	a.  awarding him the following awards:

		(1)  the Purple Heart for a wound sustained in the Republic of Vietnam on 27 May 1968 and

		(2)  the Army Good Conduct Medal (First Award) for the period 19 September 1966 through 2 September 1968;

	b.  deleting the following awards from item 24 of his DD Form 214:

		(1)  the Vietnam Service Medal and

		(2)  the Vietnam Campaign Medal; and

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

		(1)  the Purple Heart,

		(2)  the Army Commendation Medal,

		(3)  the Army Good Conduct Medal (First Award),

		(4)  the Republic of Vietnam Gallantry Cross with Palm Unit Citation,

		(5)  the Vietnam Service Medal with four bronze service stars,

		(6)  the Republic of Vietnam Campaign Medal with Device (1960), and

		(7)  the Expert Marksmanship Qualification Badge with Automatic Rifle Bar (M-16).




      _______ _   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)                                         AR20100001018



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