IN THE CASE OF:	  

		BOARD DATE:	  3 August 2010

		DOCKET NUMBER:  AR20100007716 


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.

2.  The applicant states the Purple Heart was not entered on his DD Form 214.

3.  The applicant provides copies of his DD Form 214 and his Purple Heart 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.  On 28 July 1967, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  Special Orders Number 223, issued by Headquarters, U.S. Army Training Center, Fort Campbell, KY, dated 15 September 1967, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle [M-14] Bar.

4.  Special Orders Number 274, issued by Headquarters, Fort Polk, LA, dated
23 October 1967, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle [M-16] Bar.

5.  On or about 2 December 1967, the applicant departed Fort Polk for duty in the Republic of Vietnam (RVN).

6.  On 11 January 1968, the applicant was assigned for duty as a senior scout observer with F Troop, 2nd Squadron, 11th Armored Cavalry Regiment, in the RVN.  On 12 February 1968, he was reassigned within the unit to duty as a radar operator.

7.  On 1 July 1968, the applicant was awarded primary MOS 17K (Ground Surveillance Radar Crewman).

8.  An immediate message from the Commanding General, U.S. Army Vietnam, date/time group 042111Z December 1968, reported that the applicant received fragment wounds on 3 December 1968.  He was in a night defensive position when his area came under hostile mortar attack.  His wounds were not serious and he was treated at the 2nd Squadron Aid Station.

9.  On 5 January 1969, the applicant departed the RVN.  He was subsequently assigned to Fort Carson, CO.

10.  General Orders Number 681, II Field Force Vietnam, dated 19 March 1969, awarded the applicant the Army Commendation Medal for his meritorious service in connection with military operations against a hostile force during the period from January 1968 to January 1969.

11.  On 25 July 1969, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He attained the rank/grade of sergeant (SGT)/E-5, and completed 1 year, 11 months, and 28 days of creditable active service.

12.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal with three bronze service stars, [Republic of] Vietnam Campaign Medal with Device (1960), and the Combat Infantryman Badge.

13.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings during his period of active service.

14.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had 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.

15.  Army Regulation 600-8-22 (Military Awards), 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 three campaigns:

* Vietnamese Counteroffensive, Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnamese Counteroffensive, Phase IV (2 April - 30 June 1968)
* Vietnamese Counteroffensive, Phase V (1 July - 1 November 1968)
* Vietnamese Counteroffensive, Phase VI (2 November 1968 - 22 February 1969)

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Paragraph 6d states that Department of the Army General Orders 8, 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to the following units:

	a.  Headquarters, United States Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973.

	b.  Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

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

2.  The evidence of record clearly shows that the applicant was wounded as a result of enemy action and he received medical treatment for those wounds.  Therefore, his records should be corrected to show this award.

3.  General orders awarded the applicant the Army Commendation Medal for meritorious service.  Therefore, this award should be shown on his DD Form 214.

4.  Records show that the applicant participated in five campaign periods during his service in the RVN.  Therefore, he is eligible for award of a silver service star to be affixed to his already-awarded Vietnam Service Medal in place of the three bronze stars currently affixed to it.

5.  All units in the RVN were cited for award of the RVN Gallantry Cross with Palm Unit Citation during his period of service.  Therefore, his records should be corrected to show this foreign unit award.

6.  The applicant’s records clearly show that he distinguished himself in the performance of his military service as evidenced by his attaining the rank of SGT, receiving an individual award for meritorious service, and achieving "excellent" conduct and efficiency ratings.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

7.  Special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle [M-14] Bar.  Therefore his DD Form 214 should be corrected to show award of this badge.

8.  Special orders awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle [M-16] Bar.  Therefore his DD Form 214 should be corrected to show award of this badge.


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 all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 24 of his DD Form 214 all entries;

	b.  awarding him the Army Good Conduct Medal (first award) for the period from 28 July 1967 to 25 July 1969; and

   c.  adding to item 24 of his DD Form 214 the Purple Heart, Army Commendation Medal, Army Good Conduct Medal (first award), National Defense Service Medal, Vietnam Service Medal with a one silver service star, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Combat Infantryman Badge,
Sharpshooter Marksmanship Qualification Badge with Rifle [M-14] Bar, and the 
Marksman Marksmanship Qualification Badge with Rifle [M-16] Bar.



      __________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)                                         AR20100007716





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ABCMR Record of Proceedings (cont)                                         AR20100007716



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