IN THE CASE OF:	  

		BOARD DATE:	  31 May 2011

		DOCKET NUMBER:  AR20100028579 


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 Forced of the United States Report of Transfer or Discharge) to show the Purple Heart (PH).

2.  The applicant states he received the award for being wounded on 8 May 1969, after he was discharged from the Army.

3.  The applicant provides a copy of his DD Form 214.

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 military record shows he enlisted in the Regular Army on 20 June 1966.  He was awarded military occupational specialty 63C (Track and Wheel Vehicle Mechanic).

3.  His DA Form 20 (Enlisted Qualification Record) shows:
   
   a.  he served in the Republic of Vietnam (RVN) from 8 June 1967 to 6 June 1968 and 9 January to 12 June 1969;
   
   b.  he served with Company A, 158th Aviation Battalion, 101st Airborne Division; 
   
   c.  he received of no less than "excellent" conduct and efficiency ratings at each of his active duty assignments; and

   d.  he received the Expert and the Sharpshooter Marksmanship Qualification Badges with for M16 and M14 Rifles, respectively.

4.  His Official Military Personnel File (OMPF) is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM).

5.  His OMPF contains Headquarters, 101st Airborne Division, General Order Number 7205, dated 19 June 1969, which awarded him the PH for wounds received in action on 31 May 1969.

6.  On 12 June 1969, the applicant was honorably released from active duty after completing 2 years, 11 months, and 23 days of creditable active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he earned the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal

7.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 2-13 of the awards regulation contains guidance on the VSM and states that a bronze service star is authorized with this award for each Vietnam campaign in which a member participated.  


8.  Appendix B of the awards regulation shows that during the applicant's service in Vietnam, participation credit was awarded for the following six campaigns:

* Vietnam Counteroffensive Phase III
* TET Counteroffensive
* Vietnam Counteroffensive Phase IV
* Vietnam Counteroffensive Phase VI
* TET 69 Counteroffensive
* Vietnam Summer-Fall 1969

9.  Army Regulation 672-5-1 (Awards) stated the AGCM 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.

10.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during the applicant's tenure of assignment in the RVN, his unit (Company A, 158th Aviation Battalion) earned the Presidential Unit Citation (PUC), Valorous Unit Award (VUA), RVN Gallantry Cross with Palm Unit Citation (RVNGC), and RVN Civil Actions Honor Medal First Class Unit Citation (RVNCAHM).

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was awarded the PH for wounds he received in action on 31 May 1969 and it was announced in official orders.  Accordingly, this award should be added to his DD Form 214 at this time.

2.  The applicant's DA Form 20 confirms he received no less than “excellent” conduct and efficiency ratings at each of his active duty assignments and his OMPF is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  As a result, it would be appropriate to award him the AGCM for his qualifying period of honorable active duty service from 20 June 1966 through 12 June 1969 and to add this award to his DD Form 214 at this time.


3.  Based on the applicant's service and campaign participation in the RVN the applicant is also entitled one silver service star and one bronze service star to be worn with his already-awarded VSM, and to wear the PUC, VUA, RVNGC, and RVNCAHM.  Therefore, it would be appropriate to add these awards to his DD Form 214.

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 for his qualifying period of honorable service from 20 June 1966 to 12 June 1969;

   b.  amending item 24 of his DD Form 214 by deleting the current list of awards and replacing it with the following list:

* Purple Heart
* National Defense Service Medal
* Vietnam Service Medal with one silver service star and one bronze service star
* Army Good Conduct Medal
* Presidential Unit Citation
* Valorous Unit Award
* Vietnam Campaign Medal with Device 1960
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal with First Class Unit Citation
* Expert Marksmanship Qualification Badge with M16 Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with M14 Rifle Bar



	c.  issuing him a document to show the above corrections.



      ____________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)                                         AR20100028579



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ABCMR Record of Proceedings (cont)                                         AR20100028579



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