IN THE CASE OF:	  

		BOARD DATE:	  3 February 2011

		DOCKET NUMBER:  AR20100019855 


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 Purple Heart, Bronze Star Medal with "V" Device, and any other entitlements. 

2.  The applicant states he was wounded in action in Vietnam and he was awarded the Purple Heart and the Bronze Star Medal with "V" Device, but neither is shown on his DD Form 214.

3.  The applicant provides his DD Form 214, orders awarding him the Bronze Star Medal with "V" Device, and Purple Heart Certificate.

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's records show he was inducted into the Army of the United States on 1 April 1969 and held military occupational specialty 64C (Vehicle Driver).  He served in Vietnam from 15 September 1969 to 5 May 1970.  He was assigned to the 523rd Transportation Company.

3.  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 31 March 1971 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), and Marksman Marksmanship Qualification Badge with Rifle Bar.

5.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows the entry "fragmentation wounds to the left hand, upper left arm, and chest."  The date of injury is shown as 25 April 1970.

6.  His name is listed on the Vietnam casualty roster showing code 23, indicating a combat wound.  The date of his wound is listed as 25 April 1970.

7.  His official records, as well as the Awards and Decorations Computer-Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, do not contain general orders awarding him the Purple Heart.  However, he provides a Purple Heart Certificate, dated 27 April 1970, awarding him the Purple Heart for wounds received in action on 25 April 1970.

8.  General Orders Number 781, issued by Headquarters, U.S. Army Support Command, Qui Nhon, Vietnam, dated 30 July 1970, awarded him the Bronze Star Medal with "V" Device for heroism on 25 April 1970.  The citation states he was wounded in the hand and chest by small arms fire during his heroic action.

9.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against and 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.  A review of the applicant's service record reveals no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Additionally, item 38 (Record of Assignment) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service.

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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.

12.  Appendix B of Army Regulation 600-8-22 shows during his service in the Republic of Vietnam campaign participation credit was awarded for the Vietnam Summer-Fall 1969 (9 June 1969 to 31 October 1969), Vietnam Winter-Spring 1970 (1 November 1969 to 30 April 1970), and the Sanctuary Counteroffensive (1 May 1970 to 30 June 1970).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

13.  Headquarters, Department of the Army, published the following general orders (GO) regarding the 523rd Transportation Company:

* GO Number 8, dated 1974, awarded this unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation
* GO Number 24, dated 1972, awarded this unit the Republic of Vietnam Gallantry Cross with Gold Star for service from 23 October 1966 to 24 April 1971

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was wounded in action on 25 April 1970 in Vietnam.  His citation for award of the Bronze Star Medal with "V" Device clearly documented his combat injury.  Additionally, his DA Form 20 lists his combat injury and his name is shown on the Vietnam casualty roster.  Therefore, he is entitled to correction of his records to show this award.

2.  General orders awarded him the Bronze Star Medal with "V" Device for heroism on 25 April 1970 which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Gallantry Cross with Gold Star Citation which are not shown on his records.  Therefore, he is entitled to correction of his records to show these unit awards.
4.  The evidence of record shows he was awarded the Vietnam Service Medal.  Additionally, records show he participated in three campaigns while serving in Vietnam.  Therefore, he is entitled to three instead of two bronze service stars to be affixed to his Vietnam Service Medal.

5.  The evidence of record confirms he served honorably during the period 1 April 1969 through 31 March 1971.  He completed a combat tour in Vietnam, received "excellent" conduct and efficiency ratings throughout his military service, and attained the rank/grade of SP4/E-4.  His records do not contain any derogatory information that would have disqualified him from receiving his first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of a qualifying period of Federal military service and correct his DD Form 214 to show his medal.

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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 1 April 1969 through 31 March 1971
* adding to his DD Form 214 the:

* Bronze Star Medal with "V" Device
* Purple Heart
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Gallantry Cross with Gold Star Citation
* three bronze service stars to be affixed to his already-awarded Vietnam Service Medal in lieu of the two bronze service stars now shown



      _____________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)                                         AR20100019855



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ABCMR Record of Proceedings (cont)                                         AR20100019855



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