IN THE CASE OF:	  

		BOARD DATE:	  25 January 2011

		DOCKET NUMBER:  AR20100017316 


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 award of the Purple Heart.

2.  The applicant states he was awarded the Purple Heart, but the award is not recorded on his DD Form 214.  He adds that correction of his DD Form 214 will allow him to receive the proper benefits from the Department of Veterans Affairs.

3.  The applicant provides copies of an award order for the Purple Heart and his DD Form 214.

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 into the Army of the United States on 17 February 1969.  Upon completion of training he was awarded military occupational specialty 11B (Light Weapons Infantryman).

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

	a.  item 31 (Foreign Service) he served in the Republic of Vietnam from 20 July 1969 through 19 July 1970;

	b.  item 38 (Record of Assignments) he was assigned to:

		(1)  Headquarters and Headquarters Company, 1st Battalion (Airmobile), 501st Infantry, 101st Airborne Division, from 9 August through 26 August 1969.

		(2)  Company C, 1st Battalion (Airmobile), 501st Infantry, 101st Airborne Division, from 27 August 1969 through 14 July 1970.

	c.  item 39 (Campaigns) he served in an (was then) unnamed campaign;

	d.  item 40 (Wounds) he sustained a fragment wound to his head on 20 October 1969; and

	e.  item 41 (Awards and Decorations) the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, Republic of Vietnam Campaign Medal with Device (1960), Army Commendation Medal, two overseas service bars, Bronze Star Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

4.  Headquarters, 95th Evacuation Hospital (Surgical Mobile), General Orders Number 272, dated 29 October 1969, awarded the applicant the Purple Heart for wounds received in action in the Republic of Vietnam on 28 October 1969.

5.  The applicant's DD Form 214 shows he was honorably released from active duty on 16 February 1971 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his Reserve obligation:

	a.  At the time he had completed 2 years of net active service and 1 year of foreign service.

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, Republic of Vietnam Campaign Medal with Device (1960), Army Commendation Medal, Bronze Star Medal, and two overseas service bars.

6.  A review of The Adjutant General's Office, Casualty Division's Vietnam Casualty Roster shows the applicant's name is listed as a casualty on 20 October 1969 under casualty status code "24."  This casualty code refers to "hostile wounded in action, not serious, not hospitalized."

7.  A review of the applicant's military personnel records reveals that he may be authorized additional awards that are not shown on his DD Form 214.

8.  Headquarters, U.S Army Training Center, Fort Campbell, KY, Special Orders Number 85, dated 9 April 1969, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar.

9.  Headquarters, 212th Field Artillery Group, Fort Lewis, WA, Special Orders Number 239, dated 21 October 1970, awarded the applicant the Expert Marksmanship Qualification Badge with (M-16) Rifle Bar.

10.  Headquarters, 212th Field Artillery Group, Fort Lewis, WA, General Orders Number 8, dated 1 February 1971, awarded the applicant the Army Good Conduct Medal (First Award) for exemplary behavior, efficiency, and fidelity during the period 17 February 1969 to 16 February 1971.

11.  The applicant's DD Form 214 shows he was awarded the Vietnam Service Medal, but it does not show he was awarded any bronze service stars to signify campaign participation credit:

	a.  Paragraph 2-13 of Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states that one bronze service star is authorized with this service medal for each Vietnam campaign a member is credited with participating in.

	b.  Table B-1 contains a list of Vietnam Conflict campaigns and it shows that during the applicant's tour in Vietnam he participated in the following four campaigns:

* Vietnam Summer-Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.

   a.  This pamphlet shows that at the time of the applicant's assignment to Headquarters and Headquarters Company, 1st Battalion (Airmobile), 501st Infantry, the battalion was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 48 (1971).

   b.  Paragraph 6d states that Department of the Army General Orders 8 (1974) announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his records should be corrected to show the Purple Heart because he received the award.

2.  The applicant's DA Form 20 shows he was wounded in action on 20 October 1969.  In addition, his name is listed on the Vietnam Casualty Roster as having been wounded in action on 20 October 1969. However, the general orders that promulgated the applicant's award of the Purple Heart show he was wounded in action on 28 October 1969.

3.  Notwithstanding the discrepancy in the dates, the evidence confirms the applicant's entitlement to the Purple Heart for being wounded in action in the Republic of Vietnam.

4.  General orders awarded the applicant the Army Good Conduct Medal (First Award) for exemplary behavior, efficiency, and fidelity during the period 17 February 1969 to 16 February 1971.  Thus, he is entitled to correction of his records to show this award.

5.  The applicant qualified for award of the Vietnam Service Medal and he served in four campaigns during his service in Vietnam.  Thus, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal.

6.  General orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Thus, he is entitled to correction of his records to show these two foreign unit awards.

7.  Special orders awarded the applicant the Expert Marksmanship Qualification Badge with (M-16) Rifle Bar and the Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar.

8.  In view of the foregoing, it would be appropriate to correct the applicant's records to show all of his authorized awards and decorations, as recommended below.

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 is 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.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal and

	b.  adding to item 24 of his DD Form 214 the Purple Heart, Army Good Conduct Medal (First 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-16), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).



      ___________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)                                         AR20100017316



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ABCMR Record of Proceedings (cont)                                         AR20100017316



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