IN THE CASE OF:	  

	BOARD DATE:	    12 August 2008
      DOCKET NUMBER:  AR20080008085 


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, in effect, correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Purple Heart and the Army Commendation Medal.  

2.  The applicant states, in effect, that he was wounded in combat but his Purple Heart is not shown on his DD Form 214.

3.  The applicant provides copies of his DD Form 214, Citation and Certificate for award of the Army Commendation Medal, and the signature page of General Orders (GO) Number 4250, dated 26 July 1969.  

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.  On 27 November 1967, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  On 18 September 1968, the applicant was assigned for duty as a rifleman with 1st Battalion, 12th Infantry Regiment, 4th Infantry Division, in the Republic of Vietnam.

4.  The applicant’s name is not listed on the Vietnam Casualty Roster.

5.  Item 40 (Wounds) of the applicant’s Enlisted Qualification Record (DA 
Form 20) shows that he was wounded on 5 April 1969, resulting in back strains.

6.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 shows, in part, that he was awarded the Combat Infantryman Badge.

7.  The signature page of GO Number 4250, Headquarters, 4th Infantry Division, dated 26 July 1969, provided by the applicant, is filed in the Awards and Decorations Computer Assisted Retrieval System (ADCARS).  It contains the applicant's name and social security number.  A review of ADCARS also contains the first page of GO 4250, which shows the applicant was awarded the Army Commendation Medal for meritorious service in the Republic of Vietnam during the period September 1968 to September 1969. 

8.  On or about 23 August 1969, the applicant returned to the United States.

9.  On 27 August 1969, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Annual Training).  He had attained the rank of specialist four, pay grade E-4 and had completed 
1 year and 11 months of creditable active duty.

10.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Parachutist Badge, Vietnam Service Medal, Vietnam Campaign Medal, Sharpshooter Marksmanship Qualification Badge with Rifle [M-16] and Machinegun (M-60) Bars, and the Marksman Marksmanship Qualification Badge with Rifle [M-14] Bar.  It does not show award of the Purple Heart or the Army Commendation Medal. 

11.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

12.  Item 38 (Record of Assignments) of the applicant's Enlisted Qualification Record (DA Form 20) shows that his conduct and efficiency were excellent.  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal. 

13.  Army Regulation 672-5-1, in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for 
portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

14.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following four campaign periods: the Vietnam Counteroffensive, Phase V; the Vietnam Counteroffensive, Phase VI; the Tet 69 Counteroffensive, 1969; and the Vietnam Summer-Fall 1969.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 1st Battalion, 12th Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 3, dated 1970, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and in DAGO Number 53, dated 1970, for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

DISCUSSION AND CONCLUSIONS:

1.  There are no general orders that show the applicant was awarded the Purple Heart.  The applicant's name is not listed on the Vietnam Casualty Roster.  However, the applicant’s DA Form 20 records that he was wounded on 5 April 1969.  Therefore, the applicant's request for award of the Purple Heart should be granted.

2.  The applicant’s records clearly show that he distinguished himself in the performance of his military service.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

3.  The copy of GO Number 4250 approved the applicant's award of the Army Commendation Medal.  Therefore, his records should be corrected to show this award.

4.  Records show that the applicant participated in four campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of four bronze service stars to be affixed to his Vietnam Service Medal.

5.  The applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards.   

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 received on 5 April 1969;
      
      b.  awarding him the Army Good Conduct Medal for the period from 
27 November 1967 to 27 November 1969; and
      
      
      
      c.  showing, in addition to the awards already shown on his DD Form 214, that his awards include the Purple Heart, Army Commendation Medal, Army Good Conduct Medal, four bronze service stars to be affixed to his already- awarded Vietnam Service Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.



	___________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)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20080008085



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