IN THE CASE OF:	  

		BOARD DATE:  6 December 2012

		DOCKET NUMBER:  AR20120010325 


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) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect this award.  

2.  The applicant states he was wounded in action in the Republic of Vietnam (RVN) on 26 February 1969.  

3.  The applicant provides a Western Union telegram and unit commander commendation order in support of his request.  

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 29 May 1968.  He was trained in and awarded military occupational specialty (MOS) 76Q (Special Purpose Equipment Repair Specialist).  His record shows he was advanced to specialist four (Sp4)/E-4 on 25 October 1968, and this is the highest rank/grade he attained and held while serving on active duty.

3.  The record shows the applicant served in the Republic of Vietnam (RVN) from
14 December 1968 to 29 December 1969.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows that during his RVN tour he served with Company A, 554th Engineer Battalion (Construction), performing duties in MOS 76Q was an engineer parts specialist.  Item 38 also shows he received “excellent” conduct and efficiency ratings at all of his active duty assignments.  

4.  Item 40 (Wounds) of the applicant's DA Form 20 is blank and item 41 (Awards and Decorations) does not include the PH.  Item 41 shows he earned the following awards:  

* National Defense Service Medal (NDSM)
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Vietnam Service Medal (VSM)
* RVN Campaign Medal (RVNCM)

5.  The applicant’s Military Personnel Records Jacket (MPRJ) is void of derogatory information or a unit commander disqualification that would have precluded award of the Army Good Conduct Medal (AGCM).  

6.  The MPRJ contains a Casualty Report Message, dated 27 February 1969, which shows the applicant was wounded in action in the RVN on 26 February 1969, when he received a laceration to his right foot while on guard duty when hit by a fragmentation from a hostile rocket-propelled grenade.  It also contains a Western Union telegram, dated 27 February 1969, in which The Adjutant General of the Army notified the applicant’s mother that the applicant had been slightly wounded in action in the RVN on 26 February 1969.  

7.  On 30 December 1969, the applicant was honorably released from active duty after completing 1 year, 7 months, and 2 days of active military service.  The 
DD Form 214 he was issued at the time shows he earned the following awards:

* NDSM
* VSM
* RVNCM 

8.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, 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.  Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns:

* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* TET 69 Counteroffensive (23 February-8 June 1969)
* Vietnam Summer-Fall 1969 (9 June-31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970)

9.  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 the 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.  

10.  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 applicant’s unit (554th Engineer Battalion) was cited for the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 to 30 September 1970 by Department of the Army General Order (DAGO) Number 5, dated 1973
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 3 August 1967 through 9 February 1970 by DAGO Number 43, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to be awarded the PH and to add it to his DD Form 214 has been carefully considered and found to have merit.  The evidence of record confirms the applicant as wounded in action in the RVN on 26 February 1969, as evidenced by a casualty report message and Western Union telegram of notification in the record.  Therefore, it would be appropriate to award the applicant the PH and to add it to his record and DD Form 214 accordingly. 

2.  The evidence of record also confirms the applicant received “excellent” conduct and efficiency ratings at all of his active duty assignments and his record is void of derogatory information or a unit commander disqualification that would have precluded award of the AGCM.  Therefore, it would be appropriate to award him the AGCM (1st Award) for his qualifying period of honorable active duty service from 29 May 1968 through 30 December 1969, and to add this award to his record and DD Form 214.  

3.  Further, based on his Vietnam service and campaign participation, he is also entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and 
4 bronze service stars for wear on his already-awarded VSM.  Therefore, his DD Form 214 should be corrected accordingly.

4.  In addition, the applicant's DA Form 20 confirms he earned the Marksman Marksmanship Qualification Badge with Rifle Bar which is not shown on his DD Form 214.  Therefore, it would be appropriate at this time 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:

	a.  awarding him the Purple Heart for being wounded in action in the RVN on 26 February 1969 and the Army Good Conduct Medal for his qualifying period of honorable active duty service from 29 May 1968 through 30 December 1969; 

	b.  deleting from his DD Form 214 the Vietnam Service Medal entry; and

   c.  adding to his DD Form 214 the:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 4 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Marksman Marksmanship Qualification Badge with Rifle Bar




      _______ _  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)                                         AR20120010325



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ABCMR Record of Proceedings (cont)                                         AR20120010325



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