BOARD DATE:	  5 October 2010

		DOCKET NUMBER:  AR20100009979 


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

2.  The applicant states he was wounded by shrapnel when his convoy was ambushed.  He was treated, returned to his unit, and presented the Purple Heart.

3.  The applicant provides copies of photographs taken at the award ceremony and of the Purple Heart presentation case.

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 on 19 October 1967.  During basic combat training he qualified as an Expert with the M-14 rifle.  He completed advanced individual training in military occupational specialty (MOS) 45G (Artillery Turret Repairman) and was posted to Vietnam.

3.  He arrived in Vietnam on 8 May 1968 and served in his MOS with  Headquarters and Main Support Company, 2nd Maintenance Battalion until 20 August 1968 when he was transferred to the 805th Transportation Company.  He served in his MOS until 13 December 1968.

4.  On 14 December 1968, he reported to the 534th Transportation Company and thereafter served in MOS 64B as a heavy truck driver. 

5.  The Vietnam Casualty Roster shows the applicant was wounded by hostile action on 17 December 1968.  His wound was not serious; he was not hospitalized.  He was treated and returned to his unit.

6.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows the applicant's conduct and efficiency ratings were exclusively excellent throughout his brief military career.

7.  On 24 May 1969, he departed for the United States.  On 26 May 1969, the applicant was separated, in pay grade E-5, with an honorable characterization of service.  His DD Form 214 lists his authorized awards as the National Defense Service Medal, the Vietnam Service Medal, and the Vietnam Campaign Medal.

8.  The applicant appears to be authorized or eligible for other awards that are not reflected in his record.  The following information applies:

	a.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

   b.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  The applicant's tour of duty coincided with following four campaign periods:  the 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; and the Tet 69/Counteroffensive, 23 February - 8 June 1969.
   
   c.  Paragraph 7-7b(1) of the regulation provides that an Oak Leaf Cluster is authorized for wear for each additional award of the Presidential Unit Citation (Army), Joint Meritorious Unit Award, Valorous Unit Award, Meritorious Unit Commendation (Army), Air Force Outstanding Unit Award, Air Force Organizational Excellence Award, and the Army Superior Unit Award. 

   d.  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 pamphlet shows:
   
* Headquarters and Main Support Company, 2nd Maintenance Battalion was awarded the Meritorious Unit Commendation for the period 1 January 1968 through 31 May 1969 by Department of the Army General Order (DAGO) 39 of 1970
* 534th Transportation Company was awarded the Meritorious Unit Commendation for the period 1 July 1968 through 31 March 1969 by DAGO 36 of 1971
* all units serving in Vietnam between 8 February 1962 through 28 February 1973 were authorized the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation by DAGO 8 of 1974

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he was wounded by shrapnel when his convoy was ambushed.  He was treated, returned to his unit, and presented the Purple Heart.

2.  The Vietnam Casualty Roster shows the applicant was wounded by enemy action. 

3.  The applicant distinguished himself as evidenced by his "excellent" conduct and efficiency ratings, his combat service, and his promotion to pay grade E-5.  He should be awarded the Army Good Conduct Medal.

4.  He was authorized to wear four bronze service stars on the Vietnam Service Medal.

5.  He was authorized the Meritorious Unit Commendation with Oak Leaf Cluster and the RVN Gallantry Cross with Palm Unit Citation.

6.  He was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.
7.  The above awards should be added to his DD Form 214 in the proper sequence.

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.  awarding him the Army Good Conduct Medal for the period 19 October 1967-26 May 1969;
   
   b.  deleting the awards currently shown in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214; and 
   
    c.  showing in item 24 of his DD Form 214 that his authorized awards are the Purple Heart, Army Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with four bronze service stars, RVN Campaign Medal with "1960" Device, Meritorious Unit Commendation with Oak Leaf Cluster, RVN Gallantry Cross with Palm Unit Citation, and the Expert Marksmanship Qualification Badge with Rifle 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)                                         AR20100009979





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ABCMR Record of Proceedings (cont)                                         AR20100009979



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