IN THE CASE OF:	  

		BOARD DATE:	  24 February 2011

		DOCKET NUMBER:  AR20100021419 


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, to be awarded the Purple Heart and that his records be corrected to show awards of the Vietnam Service Medal (VSM) with two or three bronze service stars, the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation, the RVN Civil Actions Honor Medal First Class Unit Citation, the Air Medal, his marksmanship badges, and any other awards to which he is entitled.

2.  The applicant states that some of his awards were left off of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) when he was released from active duty (REFRAD).

3.  The applicant provides copies of his DD Form 214, his DA Form 20 (Enlisted Qualification Record), and documents from his medical records showing he received shrapnel wounds to his chest and left arm on 16 April 1968 during a "sweep" mission.

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 in Atlanta, Georgia, on 2 May 1966 for a period of 3 years.  He completed basic training at Fort Benning, Georgia, and advanced individual training as a field communications crewman at Fort Leonard Wood, Missouri.  He was transferred to Germany for assignment to an infantry company.  He was advanced to pay grade E-4 on 18 May 1967 and on 29 May 1967 he was reclassified into primary military occupational specialty 11B (light weapons infantryman).

3.  On 3 January 1968, he was transferred to Vietnam for assignment to Company B, 4th Battalion, 47th Infantry Regiment, on 14 January 1968.  On 15 January 1968, he was assigned to Company A, 3d Battalion, 60th Infantry Regiment.

4.  On 1 May 1968, he was promoted to the rank of sergeant and he was assigned to Company A, 3d Battalion, 60th Infantry Regiment.  On 8 October 1968, he was assigned to Company C, 87th Infantry Regiment.

5.  He participated in five campaigns and departed Vietnam on 31 December 1968.  He was transferred to Oakland Army Base, California, where he was honorably REFRAD on 2 January 1969 as an overseas returnee.  He completed 2 years, 8 months, and 1 day of active service.  His DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, the Republic of Vietnam Campaign Medal, the Army Good Conduct Medal, the Vietnam Service Medal (VSM), and the Combat Infantryman Badge.

6.  A search of the applicant's records failed to show he was awarded the Purple Heart.  However, he is listed on the Vietnam Casualty Roster as being wounded in action on 16 April 1968.  In addition, his records show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

7.  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 and the Air Medal.

8.  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.

9.  Army Regulation 600-8-22 states the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

10.  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.  It shows that the applicant's unit was awarded the Presidential Unit Citation (PUC), the RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class Unit Citation during the period he was assigned to the unit.

11.  Army Regulation 600-8-22 states a bronze service star, based on qualifying service for each campaign listed in appendix B will be worn on the appropriate service medal.  A silver service star will be worn in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was wounded as a result of enemy action in Vietnam on 16 April 1968 while serving in the rank of specialist four (SP4).  Accordingly, he is entitled to be awarded the Purple Heart at this time and to have it added to his records.

2.  The evidence of record also shows the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and his unit was subsequently awarded the PUC, the RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class Unit Citation.  Accordingly, he is entitled to have these awards added to his records at this time.

3.  The applicant served during five campaigns while in Vietnam.  Therefore, he is entitled to one silver service star for wear on his already-awarded VSM and correction of his DD Form 214 to show this silver service star.

4.  While the sincerity of the applicant's claim that he was awarded the AM is not in question, there is no evidence of record and he has not provided any orders for that award, which is necessary to have the award added to his DD Form 214.  In the absence of such orders, there appears to be no basis to add the Air Medal to his DD Form 214 at this time.

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:

* awarding him the Purple Heart for wounds received in action in Vietnam on 16 April 1968 while serving in the rank of SP4
* deleting the award of the VSM from his DD Form 214
* adding awards of the VSM with one silver service star, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, the PUC, the RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class Unit Citation to his DD Form 214

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 award of the Air Medal.

3.  The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  


The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _  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)                                         AR20100021419



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ABCMR Record of Proceedings (cont)                                         AR20100021419



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