IN THE CASE OF:	  

		BOARD DATE:	  17 May 2012

		DOCKET NUMBER:  AR20110023204 


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 add award of the Purple Heart, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.

2.  The applicant states these awards were omitted from his DD Form 214.

3.  The applicant provides a DA Form 1577 (Authorization for Issuance of Awards), dated 26 January 1989.

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 14 May 1969.  He completed his training and was awarded military occupational specialty 11B (light weapons infantryman).  He arrived in Vietnam on 12 October 1969 and was assigned to Headquarters and Headquarters Company, 1st Battalion, 501st Infantry.  He was further assigned to Company C, 1st Battalion, 501st Infantry, in Vietnam on 8 December 1969.  He was honorably discharged on 8 February 1970 for immediate enlistment in the Regular Army.

3.  His DD Form 214 for the period ending 8 February 1970 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge

4.  He enlisted in the Regular Army on 9 February 1970 for a period of 3 years.  He was assigned to Batteries A and C, 4th Battalion, 77th Artillery, 101st Airborne Division, in Vietnam from 16 March 1970 to 11 October 1970.  On 5 February 1973, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Standby) to complete his remaining service obligation.

5.  His DD Form 214 for the period ending 5 February 1973 shows he was awarded or authorized the:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Bronze Star Medal
* Combat Infantryman Badge
* two overseas service bars

6.  A Western Union telegram, dated 4 February 1970, shows:

* he was slightly wounded in action in Vietnam on 3 February 1970 by a fragment while on a combat operation when a hostile force was encountered
* he received a wound to his chest

7.  There are no orders for the Purple Heart in the available records.

8.  The Vietnam casualty roster shows he was wounded on 3 February 1970.

9.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he sustained a fragment wound to his chest on 3 February 1970.

10.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.

11.  There are no orders for the Sharpshooter Marksmanship Qualification Badge with Rifle Bar or Marksman Marksmanship Qualification Badge with Automatic Rifle Bar in the available records.  However, item 41 (Awards and Decorations) of his DA Form 20 shows he qualified for the:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) on 19 June 1969
* Marksman Marksmanship Qualification Badge with the Automatic Rifle Bar (M-16) on 7 July 1972 

12.  He provides a DA Form 1577, dated 29 January 1989, which shows he was issued the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.

13.  Records show he participated in four campaigns during his assignment in Vietnam.

14.  Department of the Army General Orders Number 8, dated 1974, awarded 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.

15.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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.

16.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.



DISCUSSION AND CONCLUSIONS:

1.  The entry on the Vietnam casualty roster and the Western Union telegram, dated 4 February 1970, which state the applicant was wounded in action on 3 February 1970 in Vietnam are accepted as sufficient evidence on which to base award of the Purple Heart.

2.  The entries in item 41 of his DA Form 20 which show he qualified for the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16) are accepted as sufficient evidence on which to base adding these marksmanship qualification badges to his DD Form 214 for the period ending 5 February 1973.

3.  He participated in four campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with four bronze service stars.  His DD Form 214 for the period ending 5 February 1973 should be corrected to show this award.

4.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant served in Vietnam during a qualifying period; therefore, he is entitled to correction of his DD Form 214 for the period ending 5 February 1973 to show this unit 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:

	a.  awarding him the Purple Heart for wounds received in action on 3 February 1970 in Vietnam and

	b.  adding the Purple Heart, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four bronze service stars for wear on his already-awarded Vietnam Service Medal to his DD Form 214 for the period ending 5 February 1973.



      _____________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)                                         AR20110023204



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110023204



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1