IN THE CASE OF:	  

		BOARD DATE:	  17 March 2011

		DOCKET NUMBER:  AR20100020376 


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, award of the Purple Heart. 

2.  He states he is resubmitting for the Purple Heart.

3.  He provides:

* a Health Record - Abstract of Service form
* a Standard Form (SF) 88 (Report of Medical Examination), dated
15 February 1968
* his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* a letter from the Department of Veterans Affairs (VA), dated 3 March 2010
* a letter from the National Personnel Records Center (NPRC), St. Louis, MO, dated 4 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.  The applicant enlisted in the Regular Army on 19 March 1965 for a period of
3 years in pay grade E-1.  He completed training and he was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman).  He served in Vietnam from on or about 18 January 1966 through to 26 January 1967.  He was assigned to Company C, 1st Battalion, 8th Cavalry, 1st Cavalry Division.

3.  He provided a Health Record - Abstract of Service form showing he was seen at the Battalion Aid Station on 1 January 1966 and the 505th Aid Station on 10 March 1967.  He also provided his expiration of term of service (ETS) SF 88.

4.  He was honorably released from active duty on 18 March 1968 at his ETS.  He was released from active duty in the rank/grade of sergeant (SGT)/E-5 at his ETS.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Parachutist Badge
* Vietnam Service Medal
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Air Medal

6.  In addition to the awards already shown on his DD Form 214, item 41 (Awards) of his DA Form 20 (Enlisted Qualification Record) shows the award of the:

* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) by Headquarters, 2nd Training Brigade, Fort Jackson, SC, Special Orders Number 80, dated 6 May 1965
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) by Headquarters, 82nd Airborne Division, Fort Bragg, NC, Special Orders Number 220, dated 7 September 1967

7.  Item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any disciplinary actions or a commander's disqualification for the first award of the Army Good Conduct Medal.

8.  He further provided a letter from the VA pertaining to his receipt of a VA non-service connected disability pension effective 1 December 2008.  He also provided a letter from the NPRC showing his authorized awards.

9.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, revealed General Orders Number 359, issued by Headquarters, 1st Cavalry Division, dated 26 January 1967, awarded the applicant the Purple Heart for wounds received in connection with military operations against a hostile force in the Republic of Vietnam on 28 September 1966.

10.  Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying 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.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

11.  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 two campaigns:

* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)
* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 1st Battalion, 8th Cavalry, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period
9 August 1965 through 19 May 1969, by Department of the Army General Orders (DAGO) Number 59, dated 1969
* Presidential Unit Citation for the period 21-22 June 1966, by DAGO Number 73, dated 1968

DISCUSSION AND CONCLUSIONS:

1.  General orders confirm the applicant was awarded the Purple Heart for wounds received in action in Vietnam on 28 September 1966 and this award is not listed on his DD Form 214.  Therefore, he is entitled to correction to his
DD Form 214 to show the Purple Heart.

2.  While in the Army, he attained the rank/grade of SGT/E-5, he served in Vietnam and he was wounded as a result of hostile action, and he received "excellent" conduct and efficiency ratings throughout his period of service.  There is also no record of any disciplinary actions or a commander's disqualification for the Army Good Conduct Medal.  Therefore, he is entitled to the first award of the Army Good Conduct Medal for the period 19 March 1965 through 18 March 1968 and correction of his DD Form 214 to show this award.

3.  The applicant participated in two campaign phases while serving in Vietnam.  Therefore, he is entitled to two 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.

4.  The evidence of record also shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, his DD Form 214 should be corrected to show these marksmanship badges.

5.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Presidential Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

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 Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
19 March 1965 through 18 March 1968; and

	c.  adding to Item 24 of his DD Form 214 the:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citations
* Presidential Unit Citation
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman 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)                                         AR20100020376



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ABCMR Record of Proceedings (cont)                                         AR20100020376


   
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