IN THE CASE OF:	  

		BOARD DATE:	  29 December 2010

		DOCKET NUMBER:  AR20100017626 


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, in effect, that he be awarded the Purple Heart.

2.  The applicant states he was injured when he was "knocked off rice patty by explosive round."  He contends that medical files show he was injured and had a cast on his left leg.

3.  The applicant provides no additional documents.

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 on 1 September 1966.  Upon completion of initial entry 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 (RVN) from 19 February 1967 to 18 February 1968;

	b.  Item 38 (Record of Assignments) he was assigned to Company B, 2nd Battalion, 5th Cavalry, 1st Cavalry Division from 24 February to 21 August 1967 and to Headquarters and Headquarters Company (HHC), 2nd Brigade, 1st Cavalry Division from 22 August 1967 to 15 February 1968; and

	c.  Item 38 also shows he received "excellent" conduct and efficiency ratings during 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 in his OMPF that show he was awarded the Purple Heart; however, his OMPF contains a Western Union Telefax that shows he was wounded as a result of hostile action on 21 June 1967.  His name is listed on the RVN Casualty Roster as being wounded as a result of hostile action on the same date.

6.  His OMPF contains the following Headquarters, Fort Polk, LA, Special Orders:

	a.  Orders Number 309, dated 30 November 1966 awarding him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16 Rifle); and

	b.  Orders Number 319, dated 10 December 1966, which awarded him the 2nd Class Gunner [Marksman] Marksmanship Qualification Badge with Machinegun Bar (M-60).

7.  On 9 August 1968, he was honorably released from active duty in the rank of sergeant/E-5 after completing 1 year, 11 months, and 9 days of active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the following:

* National Defense Service Medal
* Combat Infantryman Badge
* Vietnam Campaign Medal
* Vietnam Service Medal
* One Overseas Service Bar

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 600-8-22, paragraph 2-13, 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 three campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)

11.  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.

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 that during his assignment to the 2nd Battalion, 5th Cavalry, it was cited for the Valorous Unit Award for actions on 11 March 1967 by Department of the Army General Orders (DAGO) Number 54, dated 1968 and the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 
9 August 1965 to 19 May 1969 by DAGO Number 59, dated 1969.
13.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. For RVN service, one Overseas Service Bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in the RVN from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from the RVN were counted as whole months for credit towards the Overseas Service Bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be awarded the Purple Heart has been carefully reviewed.

2.  The applicant's OMPF contains a Western Union Telefax that shows he was wounded as a result of hostile action on 21 June 1967 and his name is listed on the RVN Casualty Roster as being wounded as a result of hostile action on the same date.  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 1 September 1966 through 
9 August 1968 and to add this award to his DD Form 214.

4.  Special Orders awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and the 2nd Class Gunner [Marksman] Marksmanship Qualification Badge with Machinegun Bar (M-60).  This badge with both bars should be added to his DD Form 214.

5.  He was awarded the Vietnam Service Medal.  Additionally, he participated in three campaigns while in the RVN; therefore, he is entitled to three bronze service stars to be affixed to his Vietnam Service Medal and correction of his 
DD Form 214 to reflect these awards.

6.  Based on his service with the 2nd Battalion, 5th Cavalry while in the RVN, he is also entitled to correction of his DD Form 214 to show the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
7.  He served in the RVN from February 1967 to February 1968; therefore, he is also authorized to two Overseas Service Bars.

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 21 June 1967;

	b.  awarding him the first award of Army Good Conduct Medal for his period of honorable active duty service from 1 September 1966 through 9 August 1968;

	c.  deleting the Vietnam Service Medal and one Overseas Service Bar from item 24 of his DD Form 214; and

	d.  adding to item 24 of his DD Form 214 the Purple Heart, Valorous Unit Award, Army Good Conduct Medal, Marksman Marksmanship Qualification Badge with Rifle and Machinegun Bars, Vietnam Service Medal with three bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two Overseas Service 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)                                         AR20100017626



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ABCMR Record of Proceedings (cont)                                         AR20100017626



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