IN THE CASE OF:	  

		BOARD DATE:	  4 August 2011

		DOCKET NUMBER:  AR20110001932 


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.  The applicant states he would like the Purple Heart added to his DD Form 214 per the attached verification.

3.  The applicant provides his DD Form 214 and a Western Union Telegram.

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 records show he enlisted in the Regular Army on 3 January 1968 and he held military occupational specialty 11B (Light Weapons Infantryman).  He served in Vietnam from 31 May 1968 to 25 May 1969 while assigned to the 2nd Battalion, 506th Infantry, 101st Airborne Division.

3.  His record contains a Western Union Telefax, dated 25 November 1968, wherein his parents were notified he was wounded as a result of hostile action in Vietnam on 24 November 1968.  It states he received a fragment wound to his chest while he was on a combat operation detonating hostile booby traps.  He was hospitalized in Vietnam, treated for his wounds, and returned to duty.

4.  A review of The Adjutant General's Office Casualty Division's Vietnam casualty listing shows the applicant's name is listed as a casualty on 24 November 1968 under casualty status code "23."  This casualty code refers to "hostile wounded in action, not serious, hospitalized."

5.  General Orders (GO) Number 10865, dated 17 December 1968, issued by Headquarters (HQ), 101st Airborne Division, awarded him the Air Medal for meritorious achievement while participating in aerial flight in Vietnam on 19 July 1968.

6.  GO Number 595, dated 18 January 1969, issued by HQ, 101st Airborne Division, awarded him the Army Commendation Medal for meritorious achievement in Vietnam for the period 1 July-30 November 1968.

7.  He received nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice, on 25 August 1969 for failing to report to his appointed place of duty at the prescribed time on 24 August 1969.  He has no record of a court-martial conviction.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.

8.  He was honorably released from active duty on 17 December 1969 in the rank/grade of specialist four (SP4)/E-4 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed 1 year, 11 months, and 15 days of creditable active service with no lost time.

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, Combat Infantryman Badge, Vietnam Service Medal, and Vietnam Campaign Medal.


10.  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.

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

12.  A review of his records indicates entitlement to additional awards.

13.  Item 29 (Qualification in Arms) of his DA Form 20 shows awards of the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), Expert Marksmanship Qualification Badge with Machine Gun Bar, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

14.  Army Regulation 600-8-22 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 participation credit was awarded for the following four campaigns:

* Vietnam Counteroffensive Phase IV (2 April-30 June 1968)
* Vietnam Counteroffensive Phase V (1 July-1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* Tet 69 Counteroffensive 1969 (23 February-8 June 1969)

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of his assignment to the 2nd Battalion, 506th Infantry, this unit was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 July 1968-14 May 1969 by DAGO Number 43, dated 1970
* Presidential Unit Citation for the period 13 June-23 September 1968 by Department of the Army (DAGO) Number 38, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 3 October 1968-2 May 1970 by DAGO Number 48, dated 1971
* Meritorious Unit Commendation for the period 14 March-3 October 1968 by DAGO Number 22, dated 1976

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was wounded in Vietnam on 24 November 1968 during hostile action and he was treated for those wounds.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  GO awarded him the Air Medal and the Army Commendation Medal which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  The evidence of record shows he served honorably from 3 January 1968 through 17 December 1969.  He served in Vietnam, received "excellent" conduct and efficiency ratings throughout his military service, and attained the rank/grade of SP4/E-4.  Except for one NJP for what appears to be a minor infraction, his record is void of any other derogatory that would have disqualified him from receiving the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of a qualifying period of Federal military service and correct his records to show this award.

4.  He was awarded the Expert Marksmanship Qualification Badge with Machine Gun Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these badges.

5.  He participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to four 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.

6.  DAGO awarded his unit the Presidential Unit Citation, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment to the unit.  Therefore, he is entitled to correction of 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 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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 3 January 1968 through 17 December 1969
* deleting from item 24 of his DD Form 214 the Vietnam Service Medal
* adding to item 24 of his DD Form 214 the:

* Purple Heart
* Air Medal
* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Expert Marksmanship Qualification Badge with Machine Gun Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Presidential Unit Citation
* Meritorious Unit Commendation


* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 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)                                         AR20110001932



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ABCMR Record of Proceedings (cont)                                         AR20110001932



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