IN THE CASE OF:	  

		BOARD DATE:	  22 March 2011

		DOCKET NUMBER:  AR20100019599 


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, Army Commendation Medal with "V" Device, and any additional awards or decorations to which he is entitled.

2.  He states he was wounded in action (WIA) and received awards for bravery in action and other awards and citations which are not reflected on his DD Form 214.

3.  He provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  Title 10, United States 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 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 25 August 1969.  Upon completion of initial entry training he was awarded military occupational specialty (MOS) 13A (Field Artillery Basic).  The highest rank he attained while serving on active duty was specialist four (SP4)/E-4.

3.  His record contains Special Orders Number 287, issued by Headquarters, U.S. Army Training Center, Armor, Fort Knox, KY, dated 14 October 1969, which show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) on 14 October 1969.

4.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) and item 30 (Remarks) of his DD Form 214 show he served in the Republic of Vietnam from 11 February 1970 through 14 July 1970.

5.  Item 38 (Record of Assignments) of his DA Form 20 shows that during his tour of duty in the Republic of Vietnam, he served in MOS 13A as a Gunner with the following 1st Cavalry Division (Airmobile) units during the periods indicated:

* 26 February through 18 April 1970 - Headquarters and Headquarters Battery, 1st Battalion, 21st Artillery Regiment 
* 18 April through 11 May 1970 - Battery B, 1st Battalion, 77th Artillery Regiment
* 12 May through 4 July 1970 - Battery B, 1st Battalion, 21st Artillery Regiment

6.  Item 38 also shows he was hospitalized in a "Patient" status from 5 July through 15 December 1970.  He received "excellent" conduct and efficiency ratings for each of his duty assignments.  There is also no record of any convictions by a court-martial or a commander's disqualification from receiving the Army Good Conduct Medal.

7.  Item 40 (Wounds) of his DA Form 20 shows he sustained fragment wounds to his throat, both legs, and face on 23 June 1970.

8.  His record contains a Western Union Telegram, dated 25 June 1970, which shows The Adjutant General of the Department of the Army informed the applicant's parents he had been WIA in Cambodia on 23 June 1970 by a fragment while at an artillery firing position when the area came under mortar attack by a hostile force.  The Adjutant General also advised his parents that he was hospitalized in Vietnam and the best medical facilities and doctors had been made available.  Every measure was being taken to aid the applicant.

9.  General Orders Number 11323, issued by Headquarters, 1st Cavalry Division (Airmobile), dated 26 June 1970, show he was awarded the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 23 June 1970.  These orders show, in pertinent part, that "With complete disregard for his own safety, he exposed himself to the dangers inherent in the combat environment.  Even after being wounded he continued to exert every effort to defeat the hostiles.

10.  His record contains a DD Form 173 (Joint Message Form) and Special Orders Number 239 issued by Headquarters, Department of the Army, each dated 10 December 1970, which show he was released from active duty and medically retired with a disability rating of 70 percent.

11.  His DD Form 214 shows he was honorably retired on 16 December 1970 after completing 1 year, 3 months, and 22 days of creditable active service.

12.  Item 41 (Awards and Decorations) of his DA Form 20 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal (By General Orders Number 11323, issued by Headquarters, 1st Cavalry Division (Airmobile), dated 26 June 1970)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

13.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 that he was issued at the time of retirement shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal

14.  There are no indications in the applicant's service personnel records which show that he was awarded or recommended for award of the Purple Heart.





15.  His name appears on the Republic of Vietnam casualty roster for wounds sustained on 23 June 1970 as a result of hostile action.

16.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart or the Combat Infantryman Badge pertaining to the applicant.

17.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have been treated by medical personnel, and the medical treatment must have been made a matter of official records.

18.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.

19.  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 three campaigns:

* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* DA Sanctuary Counteroffensive (1 May 1970 - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

20.  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.  This pamphlet shows the unit to which the 



applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation on two occasions for actions during two distinct periods of time during his tenure.  Once for action during the period 21 February 1970 through 28 February 1971, by Department of the Army General Orders (DAGO) Number 42, dated 1972; and once for action during the period 17 September 1965 through June 1972, by DAGO Number 54, dated 1974.

21.  Department of the Army Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his military records should be corrected to show award of the Purple Heart, Army Commendation Medal with "V" Device, and any additional awards or decorations to which he is entitled were carefully considered and determined to have merit.

2.  His name appears on the Republic of Vietnam casualty roster and evidence clearly shows he sustained multiple fragment wounds as the result of hostile action on 23 June 1970 which required hospitalization and ultimately led to his medical retirement due to permanent disability.  Therefore, he is entitled to correction to his DD Form 214 to show award of the Purple Heart.

3.  General orders awarded him the Army Commendation Medal with "V" Device.
Evidence shows this award was improperly annotated on his DA Form 20 and DD Form 214 without the "V" Device.  Therefore, he is entitled to correction to his DD Form 214 to show award of the Army Commendation Medal with "V" Device instead of the Army Commendation Medal with no appurtenance.

4.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is entitled to correction of his DD Form 214 to show this badge.

5.  The evidence shows he received “excellent” conduct and efficiency ratings throughout his period of service with the exception of one period which was rated "unknown" while he was in a patient status which is not disqualifying.  There is also no record of any convictions by a court-martial or a commander's disqualification for award of the Army Good Conduct Medal for the period of 
25 August 1969 through 16 December 1970.  Therefore, he is entitled to the Army Good Conduct Medal (1st Award) and correction of his DD Form 214 to show this medal.
6.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during two distinct periods of time during his tenure.  Department of the Army Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, he is entitled to have his DD Form 214 corrected to show both of these unit awards.  

7.  Records show he participated in three campaign phases while serving in the Republic of Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

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.  deleting from item 24 of his DD Form 214 the Army Commendation Medal and the Vietnam Service Medal;

	b.  awarding him the Purple Heart for wounds sustained as a result of hostile action on 23 June 1970 while serving in the Republic of Vietnam;

	c.  awarding him the Army Good Conduct Medal (1st Award) for the period 25 August 1969 through 16 December 1970; and







	d.  adding to item 24 of his DD Form 214 the:

* Purple Heart
* Army Commendation Medal with "V" Device
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* 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)                                         AR20100019599



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ABCMR Record of Proceedings (cont)                                         AR20100019599



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