IN THE CASE OF:	  

		BOARD DATE:	  23 September 2010

		DOCKET NUMBER:  AR20100008000 


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 that his award of the Purple Heart be included on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states he received the Purple Heart for wounds received in Vietnam and he needs to have it included on his DD Form 214.

3.  The applicant provides a copy of a 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.  The applicant's service medical and dental records are believed to be on permanent loan to the Department of Veterans Affairs and are not available for review.

3.  The applicant was inducted into the Army of the United States on                    1 September 1966, completed training, and was awarded military occupational specialty 11B (Light Weapons Infantryman).

4.  The Purple Heart Certificate shows he was awarded the Purple Heart on 20 May 1967 for wounds received on 19 May 1967.  The available copy of this certificate is signed by a medical officer; however, the line showing the command authorizing the award is cut off.

5.  The applicant was honorably released from active duty effective 9 August 1968.  He had 1 year, 11 months, and 19 days of creditable service with no time lost.

6.  His DD Form 214 lists his awards as the National Defense Service Medal, Bronze Star Medal, one overseas service bar, Republic of Vietnam Campaign Medal, Vietnam Service Medal, Combat Infantryman Badge, and Marksman Marksmanship Qualification Badge with Rifle and Machine Gun Bars.

7.  The applicant's DA Form 20 (Enlisted Qualification Record) provides the following information:

	a  promotion to staff sergeant/E-6;

	b.  service in Vietnam from 18 February 1967 through 15 February 1968;

	c.  assignment in Vietnam to Company C, 2nd Battalion, 27th Infantry Regiment;

	d.  conduct and efficiency ratings exclusively of "excellent";

	e.  participation in one campaign;

	f.  award of the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Combat Infantryman Badge, and Bronze Star Medal; and

	g.  he received fragment wounds to his chest and left thigh on 18 May 1967.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows that while the applicant was assigned to Company C, 2nd Battalion, 27th Infantry Regiment, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

9.  A review of the Vietnam casualty roster and the Awards and Decorations Computer Assisted Retrieval System failed to locate any indication of any awards for the applicant.

10.  Army Regulation 600-8-22 (Military Awards) provides the following pertinent information:

	a.  The Purple Heart is awarded for a wound sustained while in action against an enemy or 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.  [During Vietnam if a Soldier was hospitalized for greater than 24 hours, it was the responsibility of the medical facility to issue the award with the signature block of the commander authorizing the award the Purple Heart on the left side].

	b.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during 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.  At that time, a single conduct or efficiency rating of less than "excellent" was disqualifying.  

	c.  A bronze service star is authorized based on qualifying service for each designated campaign period listed in appendix B and authorized bronze service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, he served during the following three campaign periods:  the Counteroffensive Phase II from 1 July 1966-31 May 1967, the Counteroffensive Phase III from 1 June 1967-29 January 1968, and the Tet Counteroffensive from 30 January 1968-1 April 1968.

11.  Army Regulation 670-1 (Wear and Appearance of Army Uniform and Insignia) governs the requirements for the overseas service bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in this regulation or appropriate Department of the Army message.  For Vietnam service, one overseas service bar was authorized for each period of 6 months of active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he received the Purple Heart for wounds received in Vietnam and he needs to have it included on his DD Form 214.

2.  The entry on the applicant's DA Form 20 combined with the Purple Heart Certificate showing that he was wounded on 19 May 1967 and that he was awarded the medal by medical authorities supports his entitlement to this award. 
It is appropriate to correct his DD Form 214 to show this award.

3.  The applicant distinguished himself by his conduct, efficiency, and fidelity as evidenced by his combat service, his conduct and efficiency ratings, his personal decorations, and his promotion to pay grade E-6.  The record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the first award of the Army Good Conduct Medal for his period of service from 1 September 1966 through 9 August 1968.

4.  The applicant served in Vietnam during three campaign periods and is authorized to wear three bronze service stars on his Vietnam Service Medal.  It is appropriate to correct the record to show these awards.

5.  The applicant served in Vietnam for 12 months and is authorized to wear two overseas service bars.  His DD Form 214 reflects entitlement to only one bar.  An overseas service bar is not an award, but a uniform item, and should not technically be shown on a DD Form 214.  However, in as much as it is currently incorrectly shown, it is appropriate to correct this error.

6.  In addition to the awards listed on the DD Form 214, the applicant is also authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  It is appropriate to correct the record to show these awards.

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 is 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 the applicant the Army Good Conduct Medal (1st Award) for the period 1 September 1966 through 9 August 1968;

	b.  deleting the entries of one overseas service bar and the Vietnam Service Medal from his DD Form 214; and

	c.  adding to his DD Form 214 the Purple Heart, Army Good Conduct Medal (1st Award), Vietnam Service Medal with three bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two overseas service bars.



      ____________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)                                         AR20100008000



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ABCMR Record of Proceedings (cont)                                         AR20100008000



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