IN THE CASE OF:	  

		BOARD DATE:	  9 August 2011

		DOCKET NUMBER:  AR20100030013 


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 award of the Purple Heart.

2.  He states, in effect, although he received an official statement on Department of the Army letterhead informing him that he was awarded the Purple Heart, it probably was not forwarded to the appropriate office to initiate correction of his DD Form 214.  The error was brought to his attention when he recently applied for membership in the Military Order of the Purple Heart.  He did not request action sooner because he has the official statement.

3.  He provides:

* Official Statement of Award of Purple Heart
* DA Form 1577 (Authorization for Issuance of Awards)

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 record shows he was inducted into Army of the United States on 21 September 1967 and held military occupational specialty 11B (Light Weapons Infantryman).  The highest rank/pay grade he attained while serving on active duty was sergeant/E-5.  On 19 September 1969, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).

3.  His record contains a Western Union Telegram, dated 22 January 1969, wherein The Adjutant General informed his parents he was slightly wounded in Vietnam on 19 January 1969 as a result of hostile action.  He was treated and returned to duty.

4.  His DA Form 20 (Enlisted Qualification Record) contains the following pertinent information:

	a.  Item 31 (Foreign Service) shows he served a tour of duty in the Republic of Vietnam during the period 5 March 1968 through 4 March 1969.

	b.  Item 38 (Record of Assignments) shows that during his tour of duty in the Republic of Vietnam he served in the following units for the periods indicated:

* Company D, 1st Battalion, 18th Infantry Regiment, 1st Infantry Division, from 18 March 1968 to 25 July 1968
* Company E, 1st Battalion, 18th Infantry Regiment, 1st Infantry Division, from 26 July 1968 to 1 March 1969

	c.  Item 38 also shows he received conduct and efficiency ratings of "excellent" for each of his duty assignments.  His record does not contain any derogatory information or a record of a commander's disqualification for award of the Army Good Conduct Medal.

	d.  Item 40 (Wounds) shows he sustained a fragmentation wound to his back on 19 January 1969.

	e.  Item 41 (Awards and Decorations) does not show award of the Purple Heart.

5.  The Vietnam casualty roster shows he sustained a wound as the result of hostile fire on 19 January 1969.

6.  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 awarding him the Purple Heart or any additional awards.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)]
* Combat Infantryman Badge
* Vietnam Campaign Medal with Palm [correctly known as the Republic of Vietnam Gallantry Cross with Palm Unit Citation]

8.  The applicant's record contains and he also provides a DA Form 1577 rendered by the Reserve Components Personnel and Administration Center, St. Louis, Missouri, dated 5 May 1978.  This form informed him and the Commander, U.S. Army Support Activity, Philadelphia, PA, that he was awarded the Purple Heart and that the enclosed official statement was issued in lieu of orders for this award.  The official statement is on letterhead from the Department of the Army Office of the Adjutant General and the Adjutant General Center, Washington, DC, and reads as follows:

OFFICIAL STATEMENT OF AWARD OF THE PURPLE HEART

The official records show that [the applicant] is entitled to the Purple Heart for wounds received in action in the Republic of Vietnam on 19 January 1969.

This official statement furnished 5 May 1978.

J. C. P____
Brigadier General, USA,
The Adjutant General

9.  His record also contains a letter rendered by the Director of Personnel Services, Reserve Components Personnel and Administration Center, St. Louis, Missouri, dated 9 May 1978.  The director informed the applicant that he should receive his Purple Heart medal in approximately 90 days.

10.  A review of the applicant's record revealed he is entitled to additional awards and decorations.

11.  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.

12.  Army Regulation 600-8-22 (Military Awards) provides for award of the Vietnam Service Medal.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star is worn to show participation in five campaigns.  Appendix B shows the campaigns for Vietnam.  During his tour in Vietnam he participated in five campaigns:  Tet Counteroffensive, Vietnam Counteroffensive Phase IV, Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, and Tet 69 Counteroffensive 1969.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows awards received by units serving in the Republic of Vietnam.  This regulation shows units to which the applicant was assigned while serving in the Republic of Vietnam were cited for the following awards for accomplishments during his tenure:

* the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders (DAGO) Number 21, dated 1969
* the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show award of the Purple Heart was carefully considered and determined to have merit.

2.  The evidence shows he sustained a fragmentation wound to his back as the direct result of hostile action while serving in the Republic of Vietnam on 19 January 1969.  Accordingly, he was provided an official statement verifying his entitlement to the Purple Heart.  Therefore, he is entitled to award of the Purple Heart and correction of his record to show receipt of this award.

3.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for actions during his tenure.  The evidence shows the Republic of Vietnam Gallantry Cross with Palm Unit Citation was improperly entered on his DD Form 214 as the Vietnam Campaign Medal with Palm.  Therefore, he is entitled to have his records corrected to show these unit awards.

4.  His records show he was awarded the Vietnam Service Medal.  The evidence shows he participated in five campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to one silver service star to be affixed to his Vietnam Service Medal.

5.  The evidence of record shows he completed a period of honorable service during which he received all "excellent" conduct and efficiency ratings and had no convictions by a court-martial.  Additionally, there is no evidence he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Therefore, he is entitled to the first award of the Army Good Conduct Medal for the period 21 September 1967 to 19 September 1969 and 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:

	a.  awarding him:

		(1)  the Purple Heart for a wound sustained in the Republic of Vietnam on 19 January 1969 and

		(2)  the Army Good Conduct Medal (1st Award) for the period 21 September 1967 to 19 September 1969;

	b.  deleting the following awards from item 24 of his DD Form 214:

		(1)  the Vietnam Service Medal and

		(2)  the Vietnam Campaign Medal with Palm; and

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

		(1)  the Purple Heart,

		(2)  the Army Good Conduct Medal (1st Award),

		(3)  the Vietnam Service Medal with one silver service star,

		(4)  the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and

		(5)  the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.



      _____________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)                                         AR20100030013



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ABCMR Record of Proceedings (cont)                                         AR20100030013



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