IN THE CASE OF:	  

		BOARD DATE:	  3 February 2011

		DOCKET NUMBER:  AR20100018382 


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) for the period ending 
4 September 1969 to show award of:

* Purple Heart
* Combat Infantryman Badge
* Army Commendation Medal with "V" Device (1st Oak Leaf Cluster)
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* RVN Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* two Overseas Service Bars

2.  He states, in effect, the above awards were omitted from his DD Form 214.

3.  The applicant provides a copy of: 

* his DD Form 214 
* various military documents from the National Personnel Records Center (NPRC) 





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 30 January 1968.  He successfully completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  Headquarters, U.S. Army Training Center Special Orders Number 76, dated 21 March 1968, show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  Headquarters, U.S. Army Training Center, Infantry and Fort Lewis Special Orders Number 122, dated 2 May 1968, show he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  Headquarters, U.S. Army Training Center, Infantry and Fort Lewis Special Orders Number 122, dated 2 May 1968, show he was awarded the Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60).

6.  Headquarters, The Student Brigade, U.S. Army Infantry School Special Orders Number 157, dated 28 June 1968, show he was awarded the Parachutist Badge.

7.  On 6 August 1968, the applicant arrived in the Republic of Vietnam and he was assigned to B Company, 3rd Battalion, 22nd Infantry, 25th Infantry Division.

8. Headquarters, 25th Infantry Division General Orders Number 6894, dated 
1 October 1968, show he was awarded the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile force on 11 September 1968.

9.  Headquarters, 25th Infantry Division Special Orders Number 337, dated 
2 December 1968, show he was awarded the Combat Infantryman Badge.

10.  Headquarters, 25th Infantry Division General Orders Number 3135, dated 
13 March 1969, show he was awarded the Army Commendation Medal (1st Oak Leaf Cluster) for meritorious achievement in connection with military operations against a hostile force for the period 2 November 1968 through 30 November 1968.

11.  He departed Vietnam on 2 September 1969.  On 4 September 1969, he was honorably released from active duty in the rank of sergeant (SGT)/E-5 after completing 1 year, 7 months, and 5 days of creditable active service.

12.  His DD Form 214 shows he was awarded:

* National Defense Service Medal
* Vietnam Service Medal 
* Vietnam Campaign Medal (correctly known as the Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Army Commendation Medal
* Good Conduct Medal
* Bronze Star Medal

13.  His DD Form 214 already shows he was awarded the RVN Campaign Medal with Device (1960).  Therefore, there is no need to mention the award any further in these proceedings.

14.  There are no general orders in the applicant’s service personnel records that show he was awarded the Purple Heart.  His name is listed on the Vietnam Casualty Roster indicating he was wounded in action in the RVN on 
11 September 1968.

15.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the entry "FW [fragment wound]: HEAD, CHEST 11 Sep 68."

16.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained 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.


17.  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:

* Vietnamese Counteroffensive Phase V (1 July - l November 1968)
* Vietnamese Counteroffensive Phase VI (2 November 1968 - 22 February 1969) 
* Tet 69/Counteroffensive (23 February - 8 June 1969) 
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969) 

18.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that, at the time of the applicant’s assignment to the 3rd Battalion, 22nd Infantry, the unit was cited for the following awards:

* Valorous Unit Award for the period 27 August through 31 October 1968 by Department of the Army General Orders (DAGO) Number 42, dated 1969
* RVN Gallantry Cross with Palm Unit Citation for the period 1 September 1968 through 30 September 1970 by DAGO 5, dated 1973
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 
1 August 1967 through 21 January 1970 by DAGO 51, dated 1971

19.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  In pertinent part, it states one overseas service bar is authorized for each period of 6 months of active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders in the applicant’s service personnel records which show he was awarded the Purple Heart.  However, his DA Form 20 and the Vietnam Casualty Roster show he was injured from shrapnel to his head and chest by enemy action on 11 September 1968.  Therefore, the evidence is accepted as sufficient to correct his DD Form 214 to show award of the Purple Heart.



2.  The applicant was assigned to a unit during a period of time the unit was awarded the Valorous Unit Award, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

3.  The evidence of record shows he was awarded the Army Commendation Medal with "V" Device (1st Oak Leaf Cluster), Combat Infantryman Badge, Parachutist Badge, Expert Marksmanship Qualification Badge with Rifle Bar
(M-14), Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and the Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60).
Therefore, his DD Form 214 should be amended to add these awards.

4.  He served in the RVN during the period 6 August 1968 through 2 September April 1969.  Therefore, he is eligible to wear two Overseas Service Bars.  However, Overseas Service Bars are an item of uniform wear, not an award or decoration, and thus are not authorized for entry on the DD Form 214.

5.  His participation in four campaigns makes him eligible for four bronze service stars to be worn on his already-awarded Vietnam Service Medal.  His DD Form 
214 should be amended to show these awards.  

6.  There is no evidence he was awarded the Expert Marksmanship Qualification Badge.  

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 Army Commendation Medal; and 

	b.  amending item 24 of his DD Form 214 by adding:
   
* Purple Heart
* Army Commendation Medal with "V" Device (1st Oak Leaf Cluster)
* Combat Infantryman Badge
* Parachutist Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Valorous Unit Award
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* four bronze service stars for wear on his already-awarded Vietnam       Service Medal

2.  The Board further determined that the evidence presented is 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 adding the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) and two Overseas Service Bars to his DD Form 214.




      _______ _   _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)                                         AR20100010458



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ABCMR Record of Proceedings (cont)                                         AR20100018382



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