BOARD DATE:	  25 August 2011

		DOCKET NUMBER:  AR20110000553 


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 the award of the Presidential Unit Citation.  He also requests, in effect, award of the Purple Heart.

2.  The applicant states he was a member of Headquarters and Headquarters Company (HHC), 3rd Brigade, 4th Infantry Division and sailed with the unit from Fort Lewis, WA to Vung Tau in September of 1966.  His brigade and its attached units received the Presidential Unit Citation for extraordinary heroism while engaged in military operations on 21 March 1967.  Further, he sustained a wound in the foot while recovering cryptological equipment.  He was member of the communication platoon when they were attacked from the nearby Michelin Rubber Plantation at Dau Tieng.  

3.  The applicant provides a letter from the National Personnel Records Center, dated 11 October 2010.

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 was inducted into the Army of the United States on
19 November 1965 and he held military occupational specialty O5C (Radio Teletype Operator).  He served in Vietnam from 22 September 1967 to 
6 September 1967 while assigned to:

* HHC, 3rd Brigade, 4th Infantry Division from 22 September 1966 - 30 April 1967
* Company A, 9th Signal Battalion, 9th Infantry Division from 1 May 1967 - 
6 September 1967)

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

	a.  Item 38 (Record of Assignments) all "excellent" conduct and efficiency ratings throughout his service, and

	b.  item 40 (Wounds) no entry for any wounds received during his period of active service.

4.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing failed to show the applicant's name on the listing indicating he was not reported as a casualty during the Vietnam conflict.

5.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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 for the Purple Heart pertaining to the applicant.

6.  There is no evidence of any disciplinary actions or a commander's disqualification for the Army Good Conduct Medal.

7.  Special Orders Number 166, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Benning, GA, dated 12 January 1966, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

8.  On 18 September 1967, he was honorably released from active duty as an overseas returnee and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

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

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

10.  Army Regulation 672-5-1 (Military Awards) 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.

11.  Army Regulation 600-8-22 (Military Awards):

	a.  states 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 by medical personnel, and the medical treatment must have been made a matter of official record.

	b.  paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states 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 two campaigns:

* Vietnam Counteroffensive Phase II, 1 July 1966 - 31 May 1967
* Vietnam Counteroffensive, Phase III, 1 June 1967 - 29 January 1968

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of his assignment to HHC, 3rd Brigade, 4th Infantry Division, this unit was cited for award of the:

* Presidential Unit Citation for the period 21 March 1967 by Department of the Army (DAGO) Number 59, dated 1968


* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 October 1966 - 1 August 1967 by DAGO Number 48, dated 1971

13.  This same regulation shows that at the time of his assignment to Company A, 9th Signal Battalion, 9th Infantry Division, this unit was cited for award of the:

* Meritorious Unit Commendation for the period 10 January - 18 December 1967, by DAGO Number 48, 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 66 through 30 June 1968 by DAGO Number 31, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 through 28 June 1969 by DAGO Number 59, dated 1969

14.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information) states that not more than one award of the Republic of Vietnam Gallantry Cross Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the award of the Presidential Unit Citation.  He also implies that he should have been awarded the Purple Heart.

2.  One of his units in Vietnam was cited for award of the Presidential Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

3.  There are no available general orders awarding the applicant the Purple Heart.  The Vietnam casualty listing does not contain the applicant's name.  The applicant's DA Form 20 does not indicate he received any wounds while in action.  The applicant has not provided corroborating evidence to support his contention that he was wounded as a result of enemy action.

4.  His two units in Vietnam were each cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show two awards of this unit award.


5.  One of his units in Vietnam was cited for award of the Meritorious Unit Commendation.  Therefore, his DD Form 214 should be corrected to show this unit award.

6.  The available evidence confirms he honorably served during the period
19 November 1965 through 18 September 1967 and he received all "excellent" conduct and efficiency ratings.  There is also no evidence of any disciplinary actions or a commander's disqualification for the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal and to correct his DD Form 214 to show this award.

7.  He participated in two campaigns phases during his service in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

8.  Special orders award him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, his DD Form 214 should be corrected to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__x______  ___x_____  ___x_  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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 Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
19 November 1965 through 18 September 1967; and


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

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Presidential Unit Citation
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
(2nd Award)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Purple Heart.


      __________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)                                         AR20110000553



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110000553



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1