BOARD DATE:	  14 September 2010

		DOCKET NUMBER:  AR20100009672 


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 that he needs this correction so he can receive Department of Veterans Affairs (DVA) benefits.

3.  The applicant provides copies his DD Form 214; certificate for award of the Purple Heart for wounds received on 11 February 1969; General Orders Number 4231, dated 24 July 1969; and certificate for award of the Army Commendation Medal.

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 29 March 1968, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  On 16 August 1968, the applicant departed Fort Polk, LA for duty in the Republic of Vietnam.

4.  On 17 September 1968, the applicant was assigned as an infantryman with 
B Company, 1st Battalion, 14th Infantry, 4th Infantry Division.

5.  During the period 19 February to 15 April 1969, the applicant was a patient in the U.S. Army Hospital located at Camp Zama, Japan.  He returned to his former unit on 16 April 1969 for duty as a machine gunner.

6.  General Orders Number 4231, issued by Headquarters, 4th Infantry Division, dated 24 July 1969, awarded the applicant the Army Commendation Medal for meritorious service during the period September 1968 to September 1969.

7.  On 25 August 1969, the applicant returned to the continental United States for duty at Fort Riley, KS.

8.  On 27 March 1970, the applicant was released from active duty and he was transferred to the U. S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He had attained the rank/grade of specialist four (SP4)/E-4, and completed 1 year, 11 months, and 29 days of creditable active service.

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, [Republic of] Vietnam Campaign Medal [with Device (1960)], Vietnam Service Medal, Combat Infantryman Badge, Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) and Machinegun (M-60) Bars, and the Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar.

10.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that he received "excellent" conduct and efficiency ratings throughout his service.  The applicant’s records do not contain any 


evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal.

11.  The Vietnam Casualty Roster shows that the applicant was wounded in action on 11 February 1969.  His casualty status code is listed as "23" which indicates he was "hostile wounded in action - not serious - hospitalized."

12.  Item 40 (Wounds) of the applicant’s DA Form 20 indicates that he was wounded in the back and left elbow on 11 February 1969.

13.  Army Regulation 600-8-22 (Military Awards) states 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.

14.  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 V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69, Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 1st Battalion, 14th Infantry Regiment, during the time of the applicant's assignment, was cited for the following awards:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period
1 September 1968 – 28 July 1969 by Department of the Army General Orders (DAGO) 3, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period
29 July 1969 - 17 November 1970 by DAGO 52, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 - 31 October 1969 by DAGO 53, dated 1970


16.  DA 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.

17.  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.

DISCUSSION AND CONCLUSIONS:

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

2.  There are no general orders available that show the applicant was awarded the Purple Heart.  However, the applicant's name is listed on the Vietnam Casualty Roster and his DA Form 20 indicates he was wounded in action on 
11 February 1969.  This corroborates the Purple Heart certificate provided by the applicant.  Therefore, the applicant's DD Form 214 should be corrected to show the award of the Purple Heart.

3.  General Orders show that the applicant was awarded the Army Commendation Medal.  Therefore, his DD Form 214 should be corrected to show this award.

4.  The applicant’s records clearly show that he distinguished himself in the performance of his military service through his "excellent" conduct and efficiency ratings and award of the Army Commendation Medal.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he is entitled to award of the Army Good Conduct Medal (1st Award) and correction of his DD Form 214 to show this award.

5.  Records show that the applicant participated in four campaign periods during his service in the Republic of Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal.

6.  The applicant's unit was cited in general orders for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of 


assignment.  Although he is only entitled to wear one award of this unit citation official military personnel and historical records will indicate all awards received.  Therefore, he is entitled to correction of his DD form 214 to show two award of this unit citation.

7.  The applicant's unit was also cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show this unit award.

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;

   b.  awarding him the Army Good Conduct Medal (1st Award) for the period
29 March 1968 to 27 March 1970; and

	c.  adding to item 24 of his DD Form 214 the Purple Heart, Army Commendation Medal, Army Good Conduct Medal (1st Award), Vietnam Service Medal with four bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation (two awards), 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)                                         AR20100009672



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont