IN THE CASE OF:	  

		BOARD DATE:	  18 January 2011

		DOCKET NUMBER:  AR20100015464


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 two awards each of the Purple Heart and the Army Commendation Medal.

2.  The applicant states the above awards were omitted from his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 and a letter from the National Personnel Records Center.

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 7 October 1966 for a period of 3 years.  He was awarded and served in military occupational specialty (MOS) 36K (Field Wireman), attaining the rank/grade of sergeant (SGT)/E-5.  He served 1 year in Vietnam from on or about 29 July 1967 to on or about 28 July 1968.  He was honorably released from active duty on 6 October 1969 by reason of expiration of term of service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal with bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* two Overseas Service Bars
* Sharpshooter Marksmanship Qualification Badge [no weapon specified]

3.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* 2 Overseas Service Bars
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
(.45 Caliber)
* Sharpshooter (sic) Marksmanship Qualification Badge with Rifle Bar
(M-14)

4.  Item 40 (Wounds) of the applicant's DA Form 20 is blank.

5.  The following orders pertaining to the applicant were found in his Official Military Personnel File (OMPF) or on the Awards and Decorations Computer Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command (HRC):

* General Orders Number 192, issued by Headquarters, 4th Infantry Division, Vietnam, dated 7 January 1968, awarding the applicant the Army Commendation Medal with "V" Device for heroism on 26 November 1967
* General Orders Number 2906, issued by the same headquarters, dated 27 June 1968, awarding the applicant the Army Commendation Medal for meritorious service during the period July 1967 to July 1968


* Special Orders Number 29, issued by Headquarters, 3rd Battalion,
25th Artillery, Fort Sill. OK, dated 20 March 1969, awarding the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Special Orders Number 30, issued by the same headquarters, dated
21 March 1969, awarding the applicant the Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)

6.  The citation for the applicant's Army Commendation Medal with "V" Device states:

[Applicant] distinguished himself while serving as a Radio-Telephone Operator with Battery B, 4th Battalion, 42nd Artillery, 4th Infantry Division.  On 26 November 1967, [applicant] was assisting the forward observer in bringing artillery fire on enemy mortar and rocket positions.  The forward observer party was pinpointing hostile rocket and artillery emplacements when the observation bunker was detected and engaged by enemy rocket fire, an enemy rocket exploded in front of the observation bunker, sending chunks of shrapnel through the observation slit of the bunker.  The blast momentarily blinded the entire forward observation party and [applicant] was struck in the head by a piece of flying shrapnel [emphasis added].  Refusing medical aid, he heroically continued on his mission and braved further enemy fire as he remained at his post, constantly calling in accurate artillery adjustments.  [Applicant's] personal courage, aggressiveness and exemplary devotion to duty are in keeping with the highest traditions of the military service and reflect great credit upon himself, his unit and the United States Army.

7.  The applicant's name appears on the Vietnam casualty roster showing that he was wounded in action on 26 November 1967.  He is listed under casualty code 24, which refers to "Hostile wounded in action - not serious - not hospitalized."

8.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence in his OMPF to suggest he was ever convicted by a court-martial.

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 during the Vietnam War, 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.  There must have been no convictions by a court-martial.

11.  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 the 4th Battalion, 42nd Artillery, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966 - 28 July 1969 by Department of the Army General Order (DAGO) Number 3, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 - 31 October 1969 by DAGO Number 53, dated 1970

12.  Army Regulation 600-8-22 states, in pertinent part, that an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal.

13.  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 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)

DISCUSSION AND CONCLUSIONS:

1.  Evidence shows the applicant was wounded in action on 26 November 1967.  However, there is no evidence to support a second award of the Purple Heart.  Therefore, he should be awarded one Purple Heart and it should be added to his DD Form 214.

2.  Evidence shows the applicant received two awards of the Army Commendation Medal, of which one was with the "V" Device.  Therefore, his
DD form 214 should be corrected to show the Army Commendation Medal
(1st oak leaf cluster), with "V" Device.

3.  The applicant received "excellent" conduct and efficiency ratings throughout his service with no evidence of a court-martial.  Therefore, he is entitled to the first award of the Army Good Conduct Medal for the period 7 October 1966 to
6 October 1969 and correction of his DD Form 214 to show this award.

4.  The applicant participated during four campaign phases in Vietnam.  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's unit 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 during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

6.  The applicant's records show he qualified expert with the M-14 rifle and sharpshooter with the .45 caliber pistol.  Therefore, his DD Form 214 should be corrected to show the appropriate qualification badges.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 bronze service star and the Sharpshooter Qualification Badge;

	b.  awarding him the Purple Heart for wounds received in action on
26 November 1967;
	c.  awarding him the Army Good Conduct Medal (1st award) for the period
7 October 1966 through 6 October 1969; and

	d.  adding to item 24 of his DD Form 214 the:

* Purple Heart
* Army Commendation Medal (1st oak leaf cluster) with "V" Device
* Army Good Conduct Medal (1st award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
(.45 caliber)

2.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to a second award of the Purple Heart.



      ___________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)                                         AR20100015464



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ABCMR Record of Proceedings (cont)                                         AR20100015464



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