BOARD DATE:	  31 March 2011

		DOCKET NUMBER:  AR20100023831 


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 his award of the Purple Heart (PH).

2.  The applicant states he was wounded in action in the Republic of Vietnam (RVN) and believes his PH should be added to his DD Form 214.  He claims he still has the medal.

3.  The applicant provides no documentary evidence in support of his application. 

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 was inducted into the Army of the United States on 26 May 1966.  He was trained in and awarded military occupational specialty 11B (Light Weapons Infantryman).  He was promoted to sergeant (SGT)/E-5 on
1 September 1967, and this is the highest rank/grade he attained while serving on active duty.

3.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 7 November 1966 to 5 November 1967.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Companies A and D, 3rd Battalion, 22nd Infantry Regiment, performing duties in MOS 11B as a rifleman and automatic rifleman.

4.  Item 38 of his DA Form 20 also shows he received “excellent” conduct and efficiency ratings throughout his service.  There is no record of any disciplinary actions or a commander's disqualification for the Army Good Conduct Medal.

5.  Item 40 (Wounds) of the applicant’s DA Form 20 contains the entry "FW:  lt upper lip, lt upper & lower leg" which translated to fragmentation wound to his left upper lip and left upper and lower leg on 30 January 1967.  Item 41 (Awards and Decorations) shows the:

* National Defense Service Medal (NDSM)
* RVN Campaign Medal (RVNCM)
* Combat Infantryman Badge (CIB)
* Vietnam Service Medal (VSM)
* two Overseas Service Bars

6.  The applicant’s Official Military Personnel File (OMPF) contains Special Orders Number 348, issued by Headquarters, 25th Infantry Division, dated
25 December 1966, which awarded the applicant the CIB.  His OMPF also contains General Orders Number 4384, issued by the same headquarters, dated 9 November 1967, which awarded him the Bronze Star Medal (BSM) for meritorious service in the RVN from November 1966 to October 1967.

7.  On 24 May 1968, the applicant was honorably released from active duty at the expiration of his term of service, in the rank/grade of SGT/E-5, after completing
1 year, 11 months, and 29 days of total active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued shows the:

* NDSM
* RVNCM


* VSM
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

8.  During the review of this case, a member of the Board staff reviewed the Department of the Army (DA) Vietnam casualty listing.  This listing contained an entry showing the applicant was wounded in action in the RVN on 30 January 1967.

9.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-8 contains guidance on award of the PH.  It states in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action; that it required treatment by medical personnel; and a record of that medical treatment must have been made a matter of official record.

10.  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 Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)

11.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no courts-martial.

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 that during the applicant's assignment to the
3rd Battalion, 22nd Infantry Regiment, it was cited for the:

* Presidential Unit Citation (PUC) for actions on 21 March 1967 by Department of the Army General Orders (DAGO) Number 59, dated 1968
* RVN Gallantry Cross (RVNGC) with Palm Unit Citation for the period October 1966 through 1 August 1967 by DAGO Number 48, dated 1971


* RVN Civil Actions Honor Medal First Class Unit Citation for the period
1 August 1967 through 21 January 1970 by DAGO Number 51, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the PH should be added to his DD Form 214 has been carefully considered and found to have merit.  The evidence of record 
confirms the applicant was wounded in action in the RVN on 30 January 1967, as evidenced by an entry in item 40 of his DA Form 20 and an entry on the Vietnam casualty listing, the official DA list of RVN battle casualties.  Therefore, it would be appropriate to correct his DD Form 214 to show this award.

2.  The applicant served during a qualifying period of service and he received "excellent" conduct and efficiency ratings through his service.  There is no evidence of any disciplinary actions or a commander's disqualification for the Army Good Conduct Medal.  Therefore, he should be awarded the first award of the Army Good Conduct Medal and his DD Form 214 should be corrected to show this award.

3.  The applicant's OMPF contains official orders confirming he was awarded the CIB and BSM while serving in the RVN and these awards were not documented on his DD Form 214.  Therefore, it would be appropriate to correct his DD Form 214 to show these two awards.

4.  The evidence also confirms that based on his RVN service and campaign participation, the applicant is eligible for the PUC, RVNGC with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and 2 bronze service stars for wear on his already-awarded VSM.  Therefore, it would also be appropriate to add these awards to his DD Form 214 at this time.

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
26 May 1966 through 24 May 1968; and

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

* Bronze Star Medal
* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 2 bronze service stars
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Combat Infantryman Badge



      __________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)                                         AR20100023831



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100023831



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1