IN THE CASE OF:	  

		BOARD DATE:	  4 October 2011

		DOCKET NUMBER:  AR20110005956 


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 award of the Purple Heart (PH).

2.  The applicant states the PH was never recorded in his DA Form 201 (Military Personnel Records Jacket (MPRJ).

3.  The applicant provides:

* Bronze Star Medal with "V" Device (BSM w/"V" Device) Order
* Housing, Human, and Veteran Services Letter

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 military records show he was inducted into the Army of the United States on 29 August 1967.  He was trained in and awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 11 March 1968 to 4 March 1969 with Company A, 1st Battalion, 506th Infantry Regiment.  Item 38 (Record of Assignments) shows he received "excellent" conduct and efficiency ratings at each of his active duty assignments.

4.  Item 40 (Wounds) of the DA Form 20 contains no entry.  Item 41 (Awards and Decorations) includes entries which show he earned two Oversea Service Bars and the Marksman Marksmanship Qualification Badge with Rifle Bar.

5.  The applicant's MPRJ contains no derogatory information and there is no documented record of a unit commander disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM).

6.  The applicant's MPRJ includes Headquarters, 101st Airborne Division, General Orders Number 9998, dated 28 November 1968, announcing his award awarded him the BSM w/"V" Device for his heroism performed in the RVN on 29 June 1968.  The citation portion of this order includes the statement "Although, wounded he continued to deliver effective fire with his M-79 grenade Launcher."

7.  The applicant's record is void of any orders or other documents that indicate he was ever awarded the PH by proper authority while serving on active duty.  The record does not include any medical treatment records that indicate he was ever treated for a combat-related wound or injury while serving in the RVN.

8.  On 28 August 1969, the applicant was honorably released from active duty, after completing 2 years of active military service and transferred to the U.S. Army Reserve.

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he earned the following awards during his tenure on active duty:

* National Defense Service Medal
* Vietnam Service Medal with 2 bronze service stars
* RVN Campaign Medal (RVNCM)
* Combat Infantryman Badge
* BSM w/"V" Device
* Air Medal
* Army Commendation Medal
* BSM

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.

	a.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states the PH is awarded to any member who has been wounded or killed in action.  In order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer and that treatment must have been made a matter of the official record.

	b.  Paragraph 2-13 of the awards regulation contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in and a silver service star is used to denote five bronze service stars.  Appendix B shows that during the applicant's service in Vietnam, he participated in the following four campaigns:

* TET Counteroffensive
* Vietnam Counteroffensive Phase IV
* Vietnam Counteroffensive Phase V
* Vietnam Counteroffensive Phase VI
* TET 69 Counteroffensive

	c.  Paragraph 6-3 of the awards regulation states an oak leaf cluster (OLC) is used to denote a second and succeeding awards of decorations.

11.  Army Regulation 672-5-1 (Awards) 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; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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.  

12.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during the applicant's tenure of assignment in the RVN, his unit (Co A, 1st Bn, 506th Infantry Regiment) earned the Valorous Unit Award (VUA), Meritorious Unit Commendation (MUC), RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the PH has been carefully considered and found to have merit.  Official orders on file announcing his award of the BSM w/"V" Device confirm the applicant was wounded in action while serving in the RVN on 29 June 1968.  As a result, the regulatory criteria necessary for the award of the PH has been satisfied in this case and the applicant's record should be corrected to show this award

2.  The applicant's DD Form 214 currently documents the applicant's award of the BSM w/"V" Device for heroism and the BSM.  As a result, it would be appropriate to correct his DD Form 214 by deleting these entries and adding the BSM with "V" Device and OLC to his DD Form 214.

3.  The applicant's record also confirms that he received no less than "excellent" conduct and efficiency ratings at all of his active duty assignments.  Further, the record is void of any derogatory information or a specific disqualification by any of the active duty unit commanders for whom he served.  As a result, it would be appropriate to award the applicant the first award of the AGCM, for his qualifying period of honorable active duty service from 29 August 1967 through 28 August 1969.

4.  The applicant's DA Form 20 lists two Oversea Service Bars and Marksman Marksmanship Qualification Badge with Rifle Bar which are not currently reflected on his DD Form 214.  Accordingly, this award and qualification badge should be added to his DD Form 214 at this time.

5.  The evidence of record also shows that based on the applicant's service and campaign participation in the RVN, he is also entitled to the VUA, MUC, RVN Gallantry Cross with Palms Unit Citation and one silver service star to be affixed to his already-awarded VSM.  Thus, it would also be appropriate to add these awards to his DD Form 214 at this time.


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.  awarding him the Purple Heart for being wounded in action in the Republic of Vietnam on 29 June 1968;

   b.  awarding him the first award of the Army Good Conduct Medal, for his qualifying honorable active duty service from 29 August 1967 to 28 August 1969;
      
   c.  deleting the current entries contained in Item 24 of his DD Form 214 and replacing it with the following list of awards:
   
* Bronze Star Medal with "V" Device and Oak Leaf Cluster
* Purple Heart
* Army Commendation Medal
* Air Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal with silver service star
* Valorous Unit Award
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with Device 1960
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* 2 Overseas Service Bars
      
   
   
   
   d.  issuing him a correction to his DD Form 214 to reflect these awards.





      __________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)                                         AR20110005956





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ABCMR Record of Proceedings (cont)                                         AR20110005956



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