IN THE CASE OF:	  

		BOARD DATE:	  5 October 2010

		DOCKET NUMBER:  AR20100008176 


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 (Report of Transfer or Discharge).

2.  The applicant states he was wounded just before leaving Vietnam.  He was handed his Purple Heart medal and he was told the paperwork would follow.  He has never received the Purple Heart award certificate and the award is not shown on his DD Form 214.

3.  The applicant provides copies of his DD Form 214, Standard Form (SF) 89 (Report of Medical History), and DA Form 20 (Enlisted Qualification Record).

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 3 November 1966.  He completed training and was initially awarded military occupational specialty (MOS) 11C (Indirect Fire Crewman) with subsequent reclassifications to MOS 11B (Light Weapons Infantryman) on 1 January 1968 and to MOS 11F (Infantry Intelligence Operations Specialist) on 14 March 1968.

3.  On 6 April 1968 the applicant received a Letter of Commendation for his loyalty, dedication, and professionalism while assigned to Company E, 50th Infantry (Long Range Patrol (LRP) in Vietnam during the period 1 February to
15 April 1968.

4.  An SF 89, dated 21 August 1968, notes that the applicant was treated for a shrapnel wound to his cheek while in Vietnam.

5.  The applicant was released from active duty on 1 November 1968 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Expert Marksmanship Qualification Badge with Rifle Bar, Sharpshooter Marksmanship Qualification Badge with Pistol Bar, two Overseas Service Bars, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal with two bronze service stars, Combat Infantryman Badge, and Bronze Star Medal (1st Oak Leaf Cluster) with "V" Device.

7.  The applicant's DA Form 20 provides the following information at:

	a.  item 2 (Grade), the entry "SGT [sergeant]/E-5;

	b.  item 31 (Foreign Service), the entry "from 18 April 1967 through 17 April 1968, USARPAC [U.S. Army Pacific] - RVN [Republic of Vietnam], 12 months";

	c.  item 38 (Record of Assignments), the entries:

      (1)  Company B, 3rd Battalion, 60th Infantry Regiment, 9th Infantry Division from 2 May 1967 through 24 October 1967

      (2)  Headquarters and Headquarters Company, 9th Infantry Division from 25 October 1967 through 31 January 1967; and
      
      (3)  Company E, 50th Infantry Regiment, 9th Infantry Division from 1 February 1968 through 14 April 1968.

	d.  item 38 also shows he received "excellent" conduct and efficiency ratings throughout his service;

	e.  item 40 (Wounds) the entry "shrapnel wound to cheek -- 8 Apr 68";

	f.  item 41 (Awards and Decorations) the entries National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, Republic of Vietnam Campaign Medal with Device (1960), Bronze Star Medal with "V" Device,  Bronze Star Medal, two Overseas Service bars, Purple Heart, Expert Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Pistol Bar.  The appropriate authority is listed along each award, with the exception of the Purple Heart.

8.  Army regulation 600-200 (Enlisted Personnel Management), chapter 9, of the version in effect at the time, stated, in pertinent part, that a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in Item 40 of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in Item 40.

9.  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 that while the applicant was assigned to the
9th Infantry Division his unit was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966 - 30 June 1968 by Department of the Army General Orders (DAGO) 31, dated 69
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 - 28 June 1969, by DAGO 59, dated 1969

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states, in pertinent part, that 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 active Federal military service.  A record of punishment is not automatically disqualifying.  However, at that time, a single efficiency rating of less than "excellent" was disqualifying.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified;

11.  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 II (1 July 1966 to 31 May 1967)
* Vietnam Counteroffensive, Phase III (1 June 1967 to 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he was wounded just before leaving Vietnam, he was handed his Purple Heart medal, and he was told the paperwork would follow.  He never received the Purple Heart award certificate and the award is not shown on his DD Form 214.

2.  The applicant's DA Form 20 clearly shows he was wounded in action on
9 April 1968 and awarded the Purple Heart.  However, the issuing authority is missing from the DA Form 20 for this award and the award was also omitted from his DD Form 214.  Additionally, the applicant reports that he did not receive the appropriate award certificate for this award.  Therefore, it would be appropriate to properly award him the Purple Heart for wounds received in action on 8 April 1968, with publication of general orders and a Purple Heart certificate, and 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 "excellent" conduct and efficiency ratings, his personal decorations, and his promotion to E-5.  The record contains no indication of any disqualifying incidents or recommendations.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal (1st Award) for his period of service from 3 November 1966 through 1 November 1968 and correct his DD Form 214 to show this award.

4.  The applicant served in Vietnam during four campaign periods.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

5.  The applicant was assigned to a unit in Vietnam when 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.  Therefore, it would be appropriate to correct his DD Form 214 to show these unit 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 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 the Vietnam Service Medal with two bronze service stars;

	b.  awarding him the Purple Heart for wounds received in action on 8 April 1968 and publishing appropriate orders and a certificate;

	c.  awarding him the Army Good Conduct Medal (1st Award) for the period 3 November 1966 through 1 November 1968; and

	d.  adding to item 24 of his DD Form 214 the Purple Heart, Army Good Conduct Medal (1st Award), Vietnam Service Medal with four bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.



      __________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)                                         AR20100008176



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ABCMR Record of Proceedings (cont)                                         AR20100008176



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