IN THE CASE OF:	  

		BOARD DATE:	  3 May 2011

		DOCKET NUMBER:  AR20100026102 


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 records to show the Purple Heart, Bronze Star Medal, and any other awards and decorations.

2.  The applicant states, in effect, his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not list all his awards and decorations. 

3.  The applicant did not provide any evidence. 

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 16 January 1970 and held military occupational specialty 11C (Infantry Indirect Fire Crewman). 

3.  He served in Vietnam with Company A, 1st Battalion, 52nd Infantry, from 18 June to 29 September 1970.  He sustained multiple fragment wounds on 25 September 1970 and he was initially treated at the 27th Surgical Hospital.  He was reassigned to the 249th General Hospital and subsequent to further treatment, he served in Korea with Company C, 1st Battalion, 38th Infantry, from 7 November 1970 to 21 August 1971.

4.  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 23 August 1971 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), Vietnam Service Medal, Combat Infantryman Badge, and Armed Forces Expeditionary Medal.  

6.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows he suffered multiple fragment wounds to both legs on 25 September 1970.

7.  His medical records show he was injured by hostile booby trap fragments on 25 September 1970 in Vietnam and he was treated at the 249th General Hospital but he was not awarded the Purple Heart at this facility.

8.  His records do not contain general orders which authorized him award of the Purple Heart.

9.  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 for him. 

10. 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.

11.  General Orders Number 13471, issued by Headquarters, Americal Division, on 8 October 1970, awarded him the Bronze Star Medal for service from 2 July 1970 to 25 September 1970.

12.  A review of his service records indicates his entitlement to additional awards which are not reflected on his records and/or DD Form 214.

13.  Headquarters, 2nd Advanced Individual Training Brigade, Fort Ord, CA, Special Orders Number 93, dated 6 May 1970, awarded him the Second Class (Marksman) Marksmanship Qualification Badge with Mortar Bar (81mm).

14.  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 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service.

15.  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.

16.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

17.  Army Regulation 600-8-22 (Military Awards), 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 four campaigns:

* Sanctuary Counteroffensive; 1 May - 30 June 1970
* Vietnamese Counteroffensive Phase VII; 1 July 1970 - 30 June 1971

18.  Army Regulation 600-8-22 provides for the following awards:

	a.  The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

	b.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was injured by hostile booby trap fragments on 25 September 1970 in Vietnam and he was treated at the 249th General Hospital but he was not awarded the Purple Heart at this facility.  Therefore, he is entitled to award of the Purple Heart and correction of his records to show it.

2.  General orders awarded him the Bronze Star Medal 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 which is not shown on his records.  Therefore, he is entitled to correction of his records to show this unit award.

4.  The evidence of record shows he was awarded the Vietnam Service Medal.  Additionally, records show he participated in two campaigns while serving in Vietnam.  Therefore, he is entitled to two bronze service stars to be affixed to his Vietnam Service Medal.

5.  Special orders awarded him the Marksman Marksmanship Qualification Badge with Mortar Bar (81mm) which is not shown on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show this badge. 

6.  The evidence of record confirms he served honorably during the period 16 January 1970 through 23 August 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.

7.  The evidence of record shows the applicant served in Vietnam from 18 June to 29 September 1970.  He was wounded in action, qualified for award of the Vietnam Service Medal, and he was evacuated prior to completing 6 months of service due to wounds resulting from hostile action.  Therefore, he served a qualifying period of service for award of the Republic of Vietnam Campaign Medal with "1960" Device and correction of his records to show it.

8.  The evidence of record shows the applicant served in Korea from 7 November 1970 to 21 August 1971.  By regulation, he served a qualifying period for award of the Korea Defense Service Medal; therefore, he is entitled to correction of his records to show this award.

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 16 January 1970 through 23 August 1971
* awarding him the Purple Heart for wounds received in action on 25 September 1970 in Vietnam
* adding to his DD Form 214 the:

* Bronze Star Medal
* Purple Heart
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with "1960" Device
* Korea Defense Service Medal
* Marksman Marksmanship Qualification Badge with Mortar Bar (81mm)
* two bronze service stars to be affixed to his already-awarded Vietnam Service Medal



      _______ _   __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)                                         AR20100026102





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ABCMR Record of Proceedings (cont)                                         AR20100026102



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