IN THE CASE OF:	  

		BOARD DATE:	  13 January 2011

		DOCKET NUMBER:  AR20100017036 


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 upgrade of his discharge to general, and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his award of the Purple Heart.

2.  The applicant makes no statement regarding his request for an upgrade of his discharge but does state he was presented with the Purple Heart while in the hospital recovering from his wounds.

3.  The applicant provides copies of his DD Form 214 and the last page from his DA Form 20 (Enlisted Qualification Record).

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 11 January 2009, the applicant's characterization of service was upgraded to under honorable conditions, general.  Because this portion of his request has already been acted upon, this issue will not be further discussed in these proceedings.

3.  On 1 February 1968, the applicant was inducted into the Army of the United States.  He completed his initial training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

4.  Special Orders Number 114, U.S. Army Training Center, Infantry, Fort Dix, New Jersey, dated 14 May 1968, awarded the applicant the Marksman [2nd Class Gunner] Marksmanship Qualification Badge with Machinegun Bar.

5.  Orders Number 115, U.S. Army Training Center, Infantry, Fort Dix, New Jersey, dated 15 May 1968, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar.

6.  On or about 28 February 1969, the applicant was assigned for duty in the Republic of Vietnam.  On 15 March he was further assigned as a rifleman with Company A, 4th Battalion, 39th Infantry Regiment, 9th Infantry Division.

7.  On 24 March 1969, the applicant was reassigned to the Company D, of the same battalion.

8.  On 20 July 1969, the applicant departed the theater and returned to the United States.

9.  On 20 July 1969, the applicant was discharged.  He had completed 1 year, 
1 month, and 6 days of creditable active duty service.

10.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the Army Commendation Medal with "V" Device and two Oak Leaf Clusters, Combat Infantryman Badge, National Defense Service Medal, and the Vietnam Service Medal.

11.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  Item 40 (Wounds): fragment wound, right thigh - gunshot wound right thigh 23 March 1969; and

	b.  Item 41 (Awards and Decorations) the same awards as shown on his DD Form 214.
12.  The Vietnam Casualty Roster shows that the applicant was wounded as a result of enemy action on 23 March 1969.

13.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), failed to reveal any orders awarding the applicant the Purple Heart.  ADCARS is an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command.

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

	a.  for award of the Purple Heart to a member of the Armed Force or any civilian national of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the U.S.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

	b.  for award of the Vietnam Campaign Medal with 1960 Device.  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service normally included assignment in Vietnam for 6 months or more.  Individuals who served less than 6 months but were wounded by hostile forces also qualified for this medal.

15.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following three campaigns: Vietnam Counteroffensive, Phase VI; Tet 69 Counteroffensive; and the Vietnam Summer-Fall 1969.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

16.  Army Regulation 600-200 (Enlisted Personnel Management System), as in effect at the time, provided instructions for the completion of the Enlisted Qualification Record (DA Form 20).   Paragraph 9-53 specified entry in Item 40 (Wounds) of a brief description of wounds or injuries (including injury from gas) received through hostile or enemy action requiring medical treatment and/or hospitalization.  The date wounded or injured was also to be entered.


17.  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 4th Battalion, 39th Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 59, dated in 1969, 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.

DISCUSSION AND CONCLUSIONS:

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

2.  There are no general orders available showing the applicant was awarded the Purple Heart.  However, the applicant's name is listed on the Vietnam Casualty Roster.  Also, Item 40 of his DA Form 20 indicates that he was wounded in action.  Therefore, the applicant's records should be corrected to show he was awarded the Purple Heart.

3.  Records show that the applicant participated in three campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

4.  The applicant's unit was cited in general orders 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.  Therefore, his records should be corrected to show these foreign unit awards.

5.  Special Orders show that the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle and Machinegun Bars.  Therefore, his records should be corrected to show this award.

6.  Records show that the applicant served during a qualifying period for award of the Republic of Vietnam Campaign Medal with 1960 Device.  Therefore, his records should be corrected to show this 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 showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the:

* Purple Heart
* three bronze service stars to be affixed to his already awarded Vietnam Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Campaign Medal with 1960 Device
* Marksman Marksmanship Qualification Badge with Rifle and Machinegun Bars



      _______ _   __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)                                         AR20100017036





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ABCMR Record of Proceedings (cont)                                         AR20100017036



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