IN THE CASE OF:	  

		BOARD DATE:	    22 May 2014

		DOCKET NUMBER:  AR20130016753 


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.  The applicant states he received shrapnel wounds to his right buttocks and neck while serving in Vietnam.  He is currently rated at 10 percent by the Department of Veterans Affairs (VA).

3.  The applicant provides copies of his DD Form 214 (Report of Transfer or Discharge) and two VA disability award letters.

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 served on active duty from 19 March 1968 through 18 March 1970.
3.  Headquarters, 25th Infantry Division General Orders Number 7378, dated 30 May 1969 awarded the applicant the Air Medal for the period 24 February 1969 through 4 March 1969.

4.  Headquarters, 25th Infantry Division General Orders Number 10488, dated 16 August 1969, awarded the applicant the Air Medal 1st through 3rd Oak Leaf Clusters.

5.  His DA Form 20 (Enlisted Qualification Record) shows -

* promotion to specialist five (E-5)
* service in Vietnam from 20 August 1968 through 8 April 1969
* service in Vietnam with Troops A and D, 3rd Squadron, 4th Cavalry Regiment, 25th Infantry Division
* conduct and efficiency ratings of exclusively "excellent"
* service in Vietnam during three campaign periods
* receipt of a fragment wound to his right buttock on 18 January 1969
* award of the National Defense Service Medal, Expert Marksmanship Qualification Badge with Rifle Bar, Vietnam Service Medal, Combat Infantryman Badge, Air Medal, Aircraft Crewman Badge, and the Republic of Vietnam Campaign Medal with Device (1960)

6.  The applicant's DD Form 214 lists his awards as the Aircraft Crewman Badge, Combat Infantryman Badge, Republic of Vietnam Cross of Gallantry with Palm Unit Citation, Air Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), National Defense Service Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar.

7.  The applicant's record contains no derogatory entries, disciplinary actions, or court-martials that would suggest he was considered not eligible for award of the Good Conduct Medal.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that while the applicant was assigned to the 3rd Squadron, 4th Cavalry Regiment, 25th Infantry Division, it was cited for award of the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

9.  Army Regulation 600-8-22 (Military Awards) provides:

   a.  the Air Medal is awarded in time of war for heroism, for meritorious achievement, and for meritorious service (in sustained operations).  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Arabic numerals are now used instead of Oak Leaf Clusters for the second and succeeding awards.  The numeral 2 denotes the second award.
   
   b.  a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam he participated during the following three campaign periods the Counteroffensive Phase V, 1 July 1968 - 1 November 1968; Counteroffensive Phase VI, 2 November 1968 - 22 February 1969; and the Tet 69 Counteroffensive, 23 February 1969 - 8 June 1969. 

10.  Army Regulation 672-5-1 (Awards), in effect at the time, provided:

   a.  The Purple Heart is awarded for a wound sustained while in action against the enemy or as a result of hostile action.
   
   b.  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 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.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.  At that time, a disqualification was normally noted on the DA Form 20.

DISCUSSION AND CONCLUSIONS:

1.  The applicant does not appear to have been awarded the Purple Heart for the wound he received on 18 January 1969.  It is appropriate to correct this omission and award him the Purple Heart, and include on his DD Form 214.

2.  The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his combat service, his conduct and efficiency ratings, his personal decorations, and his advancement to pay grade E-5.  The record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the Good Conduct Medal for his period of service from 19 March 1968 through 18 March 1970.

3.  The applicant's record shows he was awarded the Air Medal with 1st through 3rd Oak Leaf Clusters.  His DD Form 214 lists this award as only a single award.  It is appropriate to correct his records to show his Air Medal as with the Numeral 4.

4.  The applicant served in Vietnam during three campaign periods and is authorized to wear three bronze service stars on his Vietnam Service Medal.  His records should be corrected to show his award of the Vietnam Service Medal as with three bronze service stars

5.  In addition to the awards shown on his DD Form 214, the applicant is also authorized award of the Valorous Unit 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.  deleting the Air Medal and the Vietnam Service Medal from his DD Form 214;

	b.  awarding him the Purple Heart for a wound sustained on 18 January 1969;

	c.  awarding him the Good Conduct Medal for his period of service from 19 March 1968 through 18 March 1970; and 

	d.  correcting his DD Form 214 to show he is also authorized award of the Air Medal with Numeral 4, Good Conduct Medal, Purple Heart, Vietnam Service Medal with three bronze service stars, and the Valorous Unit 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)                                         AR20130016753



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ABCMR Record of Proceedings (cont)                                         AR20130016753



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