IN THE CASE OF:	  

		BOARD DATE:	    18 January 2011

		DOCKET NUMBER:  AR20100014940 


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 DD Form 214 (Report of Transfer or Discharge) be corrected to show his award of the Purple Heart.

2.  The applicant states his award of the Purple Heart was not included on his DD Form 214.

3.  The applicant provides a copy of his 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 served on active duty from 13 September 1967 through 13 June 1969, at which time he was permanently retired by reason of a physical disability.

3.  Headquarters, 101st Airborne Division, General Orders Number 3392, dated 13 April 1969, awarded the applicant the Purple Heart.

4.  A DA Form 8-275-3 (Clinical Record Cover Sheet) shows that on 19 March 1969 the applicant sustained serious wounds to his head, face, and chest as the result of hostile action.

5.  Headquarters, 101st Airborne Division, General Orders Number 10544, dated 30 November 1968, awarded the applicant the Air Medal.

6.  A review of the Vietnam casualty list located a reference to the applicant by name and service number.  It shows he sustained serious wounds on 19 March 1969.

7.  His DA Form 20 (Enlisted Qualification Record) provides the following:

	a.  service in Vietnam with Company A, 1st Battalion, 502nd Infantry Regiment, from 4 March 1968 through 6 April 1969;

	b.  reassignment to Walter Reed Army Medical Center as a patient on 6 April 1969;

	c.  conduct and efficiency ratings reported exclusively as "excellent"; and

	d.  the Purple Heart is not listed among his authorized awards nor is there an entry in block 40 (Wounds).

8.  The applicant was honorably retired as a specialist four on 13 June 1969 due to physical disability.  His DD Form 214 lists his awards as the Bronze Star Medal, Army Commendation Medal, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and Marksman Marksmanship Qualification Badge with Rifle Bar 
(M-16).

9.  The Purple Heart Certificate shows he was awarded the Purple Heart on 2 January 1970 for wounds received in action on 19 March 1969.

10.  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 the 1st Battalion, 502nd Infantry Regiment, it was cited for award of the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

11.  Army Regulation 600-8-22 (Military Awards) provides:

	a.  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.  A record of punishment is not automatically disqualifying.  At that time, a single conduct or efficiency rating of less than "excellent" was disqualifying.

	b.  A bronze service star is authorized based on qualifying service for each designated campaign listed in appendix B and states that authorized 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.  A silver service star is authorized in lieu of five bronze service stars.  Based on the applicant's dates of service in Vietnam, appendix B indicates he participated during the following five campaign periods:  the Tet Counteroffensive (30 January 1968-1 April 1968), Counteroffensive Phase IV (2 April 1968-30 June 1968), Counteroffensive Phase V (1 July 1968-1 November 1968), Counteroffensive Phase VI (2 November 1968-22 February 1969), and Tet 69 Counteroffensive (23 February 1969-8 June 1969).

DISCUSSION AND CONCLUSIONS:

1.  The applicant states his award of the Purple Heart was not included on his DD Form 214.

2.  The applicant was wounded in action on 19 March 1969.  While the general orders were issued in April 1969, the award certificate does not appear to have been generated until after his retirement.

3.  The applicant's award of the Air Medal was omitted from his DD Form 214.

4.  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 E-4.  The record contains no indication of any disqualifying incidents or recommendations that would suggest he was considered not eligible for award of the Army Good Conduct Medal.  Therefore, it is appropriate to award the applicant the Army Good Conduct Medal for his period of service from 16 September 1967 through 13 June 1969.

5.  The applicant served in Vietnam during five campaign periods and is authorized to wear a silver service star on his Vietnam Service Medal.

6.  Therefore, it is appropriate to correct the applicant's records to show that, in addition to the awards listed on the DD Form 214, the applicant is also authorized award of the Purple Heart, Air Medal, Army Good Conduct Medal, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and to wear a silver service star on his Vietnam Service Medal.

BOARD VOTE:

___X____  __X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined 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 the applicant the Army Good Conduct Medal for the period 13 September 1967 through 13 June 1969;

	b.  showing that in addition to the awards listed on his DD Form 214, the applicant is also authorized award of the Purple Heart, Air Medal, Army Good Conduct Medal, Valorous Unit Award, Republic of Vietnam Gallantry Cross with 
Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class 

Unit Citation, and to wear a silver service star on his already-awarded Vietnam Service Medal.




      _________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)                                         AR20100014940



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ABCMR Record of Proceedings (cont)                                         AR20100014940



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