IN THE CASE OF:	  

		BOARD DATE:	  14 October 2010

		DOCKET NUMBER:  AR20100013708 


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 the Purple Heart.

2.  The applicant states he received wounds from a firefight in 1968.  He received the Purple Heart while being treated for his wounds but the award is not listed on his DD Form 214.

3.  The applicant provides a DD Form 214 and a DA Form 20 (Enlisted Qualification Record) in support of this application.

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 enlisted in the Regular Army on 27 September 1966.  He completed initial entry training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  Item 38 (Record of Assignments) of his DA Form 20 shows he served in the Republic of Vietnam (RVN) from 21 October 1967 to 20 October 1968 and was assigned to the 1st Battalion, 508th Infantry while in the RVN.  It further shows he received "excellent" conduct and efficiency ratings at all of his active duty assignments.

4.  His Official Military Personnel File (OMPF) is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the Army Good Conduct Medal.

5.  There are no orders or any other evidence in his OMPF that show he was awarded the Purple Heart; however, his name is listed on the RVN Casualty Roster as being wounded in action as a result of hostile action on 8 June 1968.

6.  His OMPF contains the following orders:

	a.  Headquarters, 101st Airborne Division General Orders Number 9045, dated 5 November 1968, which awarded him the Bronze Star Medal;

	b.  Headquarters, 101st Airborne Division General Orders Number 588, dated 18 January 1969, which awarded him the Army Commendation Medal; and 

	c.  Headquarters, U.S. Army Training Center, Fort Bragg, NC, Special Orders Number 108, dated 18 April 1969, which awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

7.  On 26 September 1969, he was honorably released from active duty in the rank of specialist four/E-4 after completing 3 years of active military service.  Item 
24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Combat Infantryman Badge
* Parachutist Badge

8.  During the processing of this case, a member of the Board's staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS).  This is a web based index containing general orders issued during the Vietnam Era between 1965 and 1973.  No orders pertaining to the applicant were found in the ADCARS file.

9.  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.

10.  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 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.

11.  Paragraph 2-13 of Army Regulation 600-8-22 contains guidance on the Vietnam Service Medal and states a bronze service star is authorized with this award for each campaign a member is credited with participating in while in the RVN.  Appendix B of this regulation shows the campaigns for the RVN.  During his tour in the RVN, he participated in four campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the RVN.  This pamphlet shows the unit to which the applicant was assigned (1st Battalion, 508th Infantry) was cited for the following unit awards:

* Valorous Unit Award for the period 1 May 1968 - 8 January 1969 by Department of the Army General Orders (DAGO) Number 43, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 6 October 1968 - 11 November 1969 by DAGO Number 43, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 48, dated 1971
DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected by adding the Purple Heart because of wounds he received from a firefight in 1968 has been carefully reviewed.

2.  His name is listed on the RVN Casualty Roster as being wounded as a result of hostile action.  Therefore, there is sufficient evidence on which to base awarding him the Purple Heart and adding this award to his DD Form 214.

3.  The evidence of record confirms he received "excellent" conduct and efficiency ratings at all of his active duty assignments and that his OMPF is void of derogatory information or a unit commander disqualification that would have precluded him from receiving the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal for his qualifying honorable active duty service from 27 September 1966 through 
26 September 1969 and to add this award to his DD Form 214.

4.  General orders awarded him the Bronze Star Medal and the Army Commendation Medal.  These awards should be added to his DD Form 214.

5.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  This badge should also be added to his DD Form 214.

6.  He was awarded the Vietnam Service Medal.  Additionally, he participated in four campaigns while in the RVN; therefore, he is entitled to four bronze service stars to be affixed to his Vietnam Service Medal and correction of his DD Form 214 to show this fact.

7.  Based on his service with the 1st Battalion, 508th Infantry while in the RVN, he is also entitled to correction of his DD Form 214 to show the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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 Purple Heart for wounds sustained as a result of hostile action on 8 June 1968;

	b.  awarding him the first award of Army Good Conduct Medal for his period of honorable active duty service from 27 September 1966 through 26 September 1969; and

	c.  amending item 24 of his DD Form 214 by deleting the Vietnam Service Medal and adding the Purple Heart, Army Good Conduct Medal, Bronze Star Medal, Army Commendation Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Vietnam Service Medal with four bronze service stars, Valorous Unit Award, 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)                                         AR20100013708



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ABCMR Record of Proceedings (cont)                                         AR20100013708



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