IN THE CASE OF:	  

		BOARD DATE:	  15 November 2011

		DOCKET NUMBER:  AR20110010584 


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.  

2.  He states he was wounded in action in Vietnam on 6 May 1970.

3.  He provides a DA Form 8-275-3 (Clinical Record Cover Sheet) and his
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 for a period of 2 years on 5 February 1969.  After completing initial entry training, he was awarded military occupational specialty 36K (Tactical Wire Operations Specialist) and assigned to Vietnam.  He was honorably released from active duty on 9 September 1970 by reason of early separation of an overseas returnee after completing 1 year, 7 months, and 5 days of total active service.

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

* item 31 (Foreign Service) he was credited with service in Vietnam from 1 July 1969 to 8 September 1970
* item 38 (Record of Assignments) he served in Vietnam with –

* Headquarters and Headquarters Company, 26th Engineer Battalion, from 12 to 31 July 1969
* Company B, 26th Engineer Battalion, from 1 August 1969 to 3 September 1970

* item 38 he received all "excellent" conduct and efficiency ratings

4.  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 (M-14)
* Army Commendation Medal (ARCOM)
* Republic of Vietnam (RVN) Campaign Medal
* Vietnam Service Medal (VSM)
* 2 Overseas Service Bars

5.  The Vietnam casualty listing shows he was wounded as a result of hostile action on 6 May 1970.  A casualty report in his record confirms this information and shows he received treatment at the 91st Evacuation Hospital.

6.  The available records are void of documentation showing he was awarded the Purple Heart.  

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

8.  Headquarters, Americal Division, issued:

* General Orders (GO) Number 8031, dated 5 July 1970, awarding him the ARCOM for meritorious achievement during the period 1 February to 31 May 1970
* GO 10210, dated 7 August 1970, awarding him the ARCOM for meritorious service during the period September 1969 to September 1970

9.  His record is void of documentation showing he was the subject of any disciplinary actions or that received a commander's disqualification for the Army Good Conduct Medal (AGCM).

10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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.  There must have been no convictions by a court-martial.  

11.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  Appendix B of the regulation lists campaigns.  The applicant's service in Vietnam coincided with four campaigns:  

* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 26th Engineer Battalion was cited twice for award of the RVN Gallantry Cross with Palm Unit Citation for the periods 24 August to 31 December 1969 and 31 March to 30 June 1970, by Department of the Army GO (DAGO) 42, dated 1972.

13.  Department of the Army Pamphlet 672-3 states not more than one RVN Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was wounded as a result of hostile action on 6 May 1970.  Therefore, it would be appropriate to award him the Purple Heart and correct his DD Form 214 to show this award.  
2.  He received two awards of the ARCOM.  Therefore, he is entitled to correction of his DD Form 214 to show the ARCOM (2nd Award).

3.  The applicant received all "excellent" conduct and efficiency ratings during his service.  He was not the subject of any disciplinary actions and there is no record of a commander's disqualification for award of the AGCM.  Therefore, it would be appropriate to award him the AGCM (1st Award) based on completion of a qualifying period of active Federal service and correct his DD Form 214 to show this award.

4.  He was awarded the VSM and he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars for wear on the previously-awarded VSM.

5.  He was assigned to a unit in Vietnam during a period for which it was cited twice for award of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show the RVN Gallantry Cross with Palm Unit Citation (2d Award).

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 wounds he received on 6 May 1970;

	b. awarding him the AGCM (1st Award) for the period 5 February 1969 to 9 September 1970; 

	c.  deleting the VSM from item 24 of his DD Form 214; and 


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

* PH
* ARCOM (2nd Award)
* AGCM (1st Award)
* VSM with four bronze service stars
* RVN Gallantry Cross with Palm Unit Citation (2nd Award)



      _______ _   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)                                         AR20110010584



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ABCMR Record of Proceedings (cont)                                         AR20110010584



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