BOARD DATE:	  20 September 2011

		DOCKET NUMBER:  AR20110004933 


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 Purple Heart.

2.  The applicant states he received the Purple Heart on 23 June 1969 and his DD Form 214 does not reflect this award.

3.  The applicant provides his DD Form 214 and Purple Heart Certificate.

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 enlisted in the Regular Army on 29 May 1968 and held military occupational specialty 12B (Combat Engineer).  His records show he served in Vietnam with Company C, 299th Engineer Battalion, from on or about 24 October 1968 to on or about 23 October 1969.

3.  He was wounded on 23 June 1969 by a rocket that exploded his truck while he was on duty in Vietnam.  He was initially treated at the 71st Evacuation Hospital and later evacuated to Camp Zama, Japan, on 28 June 1969.

4.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows he suffered a broken arm on 24 June 1969.

5.  He was honorably released from active duty in the rank/grade of specialist five (SP5)/E-5 on 28 May 1971 and he was transferred to the U.S. Army Reserve.  He completed 3 years of creditable active service with no lost time.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal

6.  He submitted a Purple Heart Certificate, dated 24 June 1969, awarding him the Purple Heart for wounds received in action on 23 June 1969 in the Republic of Vietnam.

7.  A review of his records indicates his entitlement to additional awards which are not shown on his DD Form 214.

8.  Headquarters, 3rd Basic Combat Training Brigade, Fort Ord, CA, Special Orders Number 131, dated 11 July 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

9.  Headquarters, 2nd Armored Division, Fort Hood, TX, Special Orders Number 153, dated 2 June 1970, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

10.  There is no derogatory information in his file that would have disqualified him from receiving his first award of the Army Good Conduct Medal.  Item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency rating throughout his service.

11.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; 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.  There must have been no convictions by a court-martial.

12.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

13.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that during his service in Vietnam participation credit was awarded for the following campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

* Vietnam Counteroffensive Phase V (1 July to 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 to 22 February 1969)
* Tet 69 Counteroffensive 1969 (23 February 1969 to 8 June 1969)
* Vietnam Summer-Fall 1969 (9 June to 31 October 1969)

DISCUSSION AND CONCLUSIONS:

1.  The applicant was wounded in action on 23 June 1968 in Vietnam as evidenced by the entry on his DA Form 20 and the medical documents in his records.  It appears the Purple Heart was inadvertently left off his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), neither of which is shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award and badge.

3.  He was awarded the Vietnam Service Medal.  He participated in four campaigns while serving in the Republic of Vietnam; therefore, he is entitled to four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

4.  He served honorably from 29 May 1968 through 28 May 1971.  He attained the rank/grade of SP4/E-4 and was awarded the Purple Heart.  He served a qualifying period of service and he received "excellent" conduct and efficiency ratings throughout his service with no disciplinary actions or a commander's disqualification.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 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:

* awarding him the Army Good Conduct Medal (1st Award) for the period 29 May 1968 through 28 May 1971
* adding to item 24 of his DD Form 214 the:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* four bronze service stars to be affixed to his already-awarded Vietnam Service Medal



      __________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)                                         AR20110004933



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ABCMR Record of Proceedings (cont)                                         AR20110004933



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