IN THE CASE OF:	  

		BOARD DATE:	  3 February 2011

		DOCKET NUMBER:  AR20100018636


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 the following awards:

* Republic of Vietnam Gallantry Cross with Bronze Star
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

2.  He also requests award of the Purple Heart or, if possible, the Purple Heart with 2nd Oak Leaf Cluster.

3.  The applicant states:

* he was awarded the Republic of Vietnam Gallantry Cross with Bronze Star and the orders are attached to his application
* a review of his records by the National Personnel Records Center (NPRC) found he is authorized the Sharpshooter Marksmanship Qualification Badge with Rifle Bar

4.  The applicant provides:

* DD Form 214
* a translation of the Vietnamese award of the Republic of Vietnam Gallantry Cross with Bronze Star
* NPRC letter, dated 1 April 2010
* 
self-authored statement, dated 28 June 2010
* a letter from the Lane County Veterans Service Office, dated 29 June 2010

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 9 December 1965, the applicant enlisted in the Regular Army for 3 years.  He completed training as an intelligence analyst.

3.  On 26 January 1966, U.S. Army Training Center Special Orders Number 9 were published awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  He arrived in Vietnam on 1 July 1967 and was assigned to Advancement Team 60, IV Corps Advance Group, U.S. Military Assistance Command-Vietnam (MACV).  He participated in the following three campaigns:

* Vietnam Counteroffensive Phase III which extended from 1 June 1967 through 29 January 1968
* Tet Counteroffensive which extended from 30 January 1968 through 1 April 1968
* Vietnam Counteroffensive Phase IV which extended from 2 April 1968 through 30 June 1968

5.  The applicant departed Vietnam en route to the United States on 27 June 1968.

6.  He was honorably released from active duty on 6 December 1968.  He was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his service obligation.  He completed 2 years, 11 months, and 28 days of total active service.

7.  His DD Form 214 shows the following awards:

* Parachutist Badge
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Bronze Star Medal
* Republic of Vietnam Gallantry Cross
* Army Good Conduct Medal

8.  On 19 February 1971 the applicant was notified by the Assistant Adjutant General, Headquarters, U.S. Army Vietnam, that he was authorized to accept and wear the Republic of Vietnam Gallantry Cross with Bronze Star.

9.  His records do not show he was wounded in action against an enemy or as a result of hostile action.  His records also do not show that orders were published awarding him the Expert Marksmanship Qualification Badge with Rifle Bar 
(M-16).

10.  His name is not shown on the Vietnam casualty listing.

11.  The applicant submits a self-authored statement, dated 28 June 2010, providing his account of three incidents he contends should qualify him for one or more awards of the Purple Heart.  He states:

* during the first incident, he was wounded in his large left toe and knee by shrapnel during a mortar attack by Viet Cong Forces while assigned to MACV Advisory Team number 60, Sadec, Vietnam
* during the second incident, he was wounded while assigned as a heavy weapons infantry advisor to the 2nd Battalion, 16th Infantry Regiment, 9th Army of the Republic of Vietnam (ARVN) Division
* his unit was ambushed from two tree lines and he drove into a bush after a high volume of fire was directed at him during the attack to avoid being an exposed target
* he received punctures and lacerations to various parts of his anatomy
* he was examined and treated by a medic
* during the third incident, he stretched and partially tore ligaments looking for any kind of cover during an attack by the enemy
* his unit became surrounded by hostile and friendly forces while acting as a blocking force for the operations


* his unit experienced .50 caliber machine gun fire from hostile elements and friendly fire from supporting U.S. gunships, South Vietnamese Armored Cavalry and Ranger Units, river patrol boats, and South Vietnamese prop-driven aircraft
* he was examined by a medic, treated and put in a cast

12.  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.

13.  Army Regulation 600-8-22 sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman – in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification would be shown as "Expert Marksmanship Qualification Badge with Rifle Bar" or "Marksman Marksmanship Qualification Badge with Automatic Rifle Bar" or "Sharpshooter Marksmanship Qualification Badge with Pistol Bar."

14.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted and his supporting documents have been considered.  However, there is no evidence in the available record and he has not submitted any evidence to show he was wounded in action against an enemy or as a result of hostile action while he was in Vietnam.  His name is not shown on the Vietnam casualty listing.

2.  He has not shown he meets the regulatory criteria for one or more awards of the Purple Heart.  Therefore, he should not be awarded one or more Purple Hearts.

3.  The applicant's records do not contain orders awarding him the Expert Marksmanship Qualification Badge.  Therefore, it should not be added to his DD Form 214.

4.  The available records show he is authorized the following awards that should be added to his DD Form 214:

* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Bronze Star
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 amending his DD Form 214 to add the following awards:

* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Bronze Star
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

2.  The Board further determined 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 awarding him one or more Purple Hearts and amending his DD Form 214 to show he is authorized the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).



      _____________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)                                         AR20090005994



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ABCMR Record of Proceedings (cont)                                         AR20100018636



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