BOARD DATE:	  16 August 2011

		DOCKET NUMBER:  AR20100030534 


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 to be issued a DD Form 215 (Correction to DD Form 214 ((Certificate of Release or Discharge from Active Duty)) to show award of the Purple Heart (PH).

2.  He states he actually received the PH award on 10 February 1968; however, it is not reflected on his DD Form 214.   

3.  He 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.  His records show he enlisted in the Regular Army on 29 August 1966 for 
3 years.  Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty 11B (Light Weapons Infantryman).  

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 5 April 1967 through 28 March 1968.

4.  Item 38 (Record of Assignments) of his DA Form 20 shows he was assigned to Company B, 2nd Battalion (Airborne), 503rd Infantry Regiment, 173rd Airborne Brigade (Separate) during his tour in Vietnam.  This item also shows that during his tour in Vietnam he was a patient in the Patient Casualty Company from 
21 July through 16 September 1967.  
   
5.  Item 40 (Wounds) of his DA Form 20 indicates he received fragment wounds to his back on 21 July 1967.

6.  His record contains Special Orders (SO) Number 211, dated 30 July 1967, awarding him the Combat Infantryman Badge (CIB).

7.  His DD Form 214 shows he was honorably released from active duty on 
28 August 1969 and was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) for completion of his Reserve obligation.  Item 
24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the:

* National Defense Service Medal (NDSM)
* Parachutist Badge
* Vietnam Service Medal (VSM)
* RVN Campaign Medal with Device (1960)
* Army Commendation Medal (ARCOM) with “V” Device
* Bronze Star Medal (BSM)

8.  His name is on the Vietnam casualty roster as having been wounded as a result of hostile action on 21 July 1968.  This entry also shows he was hospitalized as a result of his wounds. 

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 United States Army Human Resources Command, failed to reveal any orders awarding the applicant the PH. 

10.  A review of his records indicates entitlement to additional awards which are not shown on his DD Form 214.
11.  His record is void of documentation showing he was recommended for or awarded the first award of the Army Good Conduct Medal (AGCM).  Item 38 of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.  There is no record of a court-martial and is also void of any derogatory information that could serve to disqualify him for this award.

12.  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.

13.  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 Company B, 2nd Battalion (Airborne), 503rd Infantry Regiment, 173rd Airborne Brigade (Separate), his unit was awarded the following:

* Presidential Unit Citation (PUC) – for the period 6 to 23 November 1967 by Headquarters, Department of the Army (HQDA), General Orders (GO) Number 5, dated 1979
* Meritorious Unit Commendation (MUC) – for the period 5 May 1965 to 
   4 May 1967 by HQDA, GO Number 48, dated 1968
* RVN Gallantry Cross with Palm Unit Citation for the period 5 May 1965 to 26 September 1970 by HQDA, GO Number 51, dated 1971

14.  Department of the Army Pamphlet 672-3 also lists the campaign periods for the Vietnam era.  Three designated campaigns coincide with the applicant's period of service:

* Vietnam Counteroffensive, Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive, Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)

15.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the VSM.  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.  



16.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided, in pertinent part, for award of the PH.  The regulation stated that authority to award the PH was delegated to hospital commanders.  Further, it directed that all personnel treated and released within 24 hours will be awarded the PH by the organization to which the individual is assigned.  Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam will be awarded the PH directly by the hospital commander rendering treatment.

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

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was wounded on 21 July 1967 as a result of hostile action.  His wounds required treatment by medical personnel and the medical treatment was made a matter of official record.  The applicant states he received the PH.  It appears an administrative oversight occurred which resulted in the PH not being annotated on his DD Form 214.  Therefore, it would be appropriate to correct his DD Form 214 to show this award.

2.  The applicant received "excellent" conduct and efficiency ratings throughout his service, there is no record of a court-martial conviction, and there is no record of any adverse information that would disqualify him from being awarded the first award of 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.  He participated in three designated campaign phases during his service in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded the VSM and correction of his DD Form 214 to show these bronze service stars.

4.  Special orders awarded him the CIB which is not shown on his DD Form 214.  Therefore, it would be appropriate to add this award to his DD Form 214. 

5.  General orders awarded his unit the PUC, MUC, and the RVN Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his 
DD Form 214 to show these unit awards.


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 VSM;

	b.  awarding him the AGCM (First Award) for the period 29 August 1966 through 28 August 1969; and

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

* PH
* AGCM (First Award)
* CIB
* VSM with three bronze service stars
* PUC
* MUC
* RVN Gallantry Cross with Palm 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)                                         AR20100030534



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ABCMR Record of Proceedings (cont)                                         AR20100030534



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