IN THE CASE OF:	  

		BOARD DATE:	  28 April 2011

		DOCKET NUMBER:  AR20100026123 


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 add the Bronze Star Medal (BSM) and Purple Heart.

2.  He states his DD Form 214 does not reflect the awards as indicated on orders, incident reports, and government wire [Western Union Telegram] for his wound. 

3.  He provided:

* a telegram
* two electronic messages
* orders for his BSM
* his DD Form 214
* a Department of Veterans Affairs (VA) notice response
* a National Personnel Records Center (NPRC) letter

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.  His records show he was inducted into the Army of the United States on 
17 March 1970.  Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty 11D (Armored Reconnaissance Specialist).  

3.  His DA Form 20 (Enlisted Qualification Record) shows:

* Item 31 (Foreign Service) – he served in Vietnam from 30 August 1970 through 18 October 1971
* Item 38 (Record of Assignments) – he was assigned to Troop B, 3rd Squadron, 5th Cavalry Regiment, 9th Infantry Division during his tour in Vietnam
* Item 40 (Wounds) – is blank
* Item 41 (Awards and Decorations):

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* Combat Infantryman Badge (CIB)

4.  He provided copies of a Western Union Telegram and two official electronic messages which show that on 23 June 1971, he received a shrapnel wound to his left arm as a result of hostile action.  He was treated by medical personnel and returned to duty.  

5.  He provided Headquarters, 101st Airborne Division (Airmobile), General Orders (GO) Number 8497, dated 13 August 1971.  These orders show he was awarded the BSM for meritorious service in Vietnam from September 1970 to October 1971.

6.  On 19 October 1971, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his Reserve Service Obligation.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the following awards:

* NDSM
* VSM
* CIB
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

7.  His name does appear on the Vietnam Casualty Roster as having been wounded as a result of hostile action on 23 June 1971.  

8.  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 United States Army Human Resources Command, failed to reveal any orders awarding him the Purple Heart. 

9.  A review of his records indicates entitlement to additional awards which are not shown on his DD Form 214.

10.  His record is void of documentation showing he was recommended for or awarded the Army Good Conduct Medal (AGCM).  Item 38 of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his military career.  His record is void of any derogatory information that could serve to disqualify him for this award.

11.  Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying 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.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows during the period of his assignment with Troop B, 3rd Squadron, 5th Cavalry Regiment, 9th Infantry Division, his unit was awarded the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 42 (1972).

13.  Department of the Army Pamphlet 672-3 also lists campaign periods for the Vietnam era.  Two designated campaigns coincide with his period of service in the RVN:

* Vietnam Counteroffensive, Phase VII (1 July 1970 – 30 June 1971)
* Consolidation I (1 July 1971 – 30 November 1971) 

14.  Army Regulation 600-8-22 (Military Awards) states the RVN 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.

15.  Army Regulation 600-8-22 states that 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, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he was wounded on 23 June 1971 as a result of hostile action.  His wounds required treatment and the treatment was made a matter of official record.  Therefore, it would be appropriate to award him the Purple Heart and to correct his records to show this award.

2.  General orders awarded him the BSM.  Therefore, it would be appropriate to add this award to his DD Form 214. 

3.  The evidence of record confirms he served honorably during the period 
17 March 1970 through 19 October 1971.  He received "excellent" conduct and efficiency ratings throughout his military service.  Based on his overall record of service, it would be appropriate to award him the first award of the AGCM and to correct his records to reflect this award.

4.  General orders awarded his unit the RVN Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his records to show this unit award.

5.  He was previously awarded the VSM.  His records show he participated in two campaigns while serving in Vietnam.  Therefore, he is entitled to award of two bronze service stars for wear on his already-awarded VSM.

6.  He met the eligibility criteria for award of the RVN Campaign Medal with Device (1960).





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.  awarding him the Army Good Conduct Medal (First Award) for the period 17 March 1970 through 19 October 1971,

b.  deleting the VSM from his DD Form 214, and 

c.  adding the following to his DD Form 214:

* Purple Heart
* BSM
* AGCM (First Award)
* RVN Gallantry Cross with Palm Unit Citation 
* RVN Campaign Medal with Device (1960)
* VSM with two bronze service stars



      _______ _   __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)                                         AR20100026123





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ABCMR Record of Proceedings (cont)                                         AR20100026123



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