IN THE CASE OF:	  

		BOARD DATE:	  21 May 2009

		DOCKET NUMBER:  AR20090000962 


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, that the Purple Heart (PH), Air Medal (AM), Republic of Vietnam Campaign Medal (RVNCM), and Army Good Conduct Medal (AGCM) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  

2.  The applicant states, in effect, that he was awarded the PH, AM, RVNCM, and AGCM; however, these awards were never annotated on his DD Form 214. 

3.  The applicant provides his DD Form 214 and PH and AM certificates in support of his application.  

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's record shows he was inducted into the Army of the United States and entered active duty on 12 June 1969, and that he was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  His record further shows that specialist four (SP4) is the highest grade he attained while serving on active duty. 

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 7 April 1970 through 10 March 1971.  Item 38 (Record of Assignments) shows that during his RVN tour he was assigned to Companies B, C and E of the 2nd Battalion, 506th Infantry Regiment, performing duties in MOS 11B as a rifleman and scout observer.  It also shows he received no less than "excellent" conduct and efficiency ratings at all of his active duty assignments.

4.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows he earned the following awards during his active duty tenure:  National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), Combat Infantryman Badge (CIB), and Bronze Star Medal (BSM).  His record is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  

5.  On 14 March 1971, the applicant was honorably released from active duty (REFRAD), in the rank of SP4, after completing 1 year, 9 months, and 3 days of active military service with no time lost.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued upon his REFRAD shows he earned the following awards during his tenure on active duty:  NDSM, VSM, CIB, and BSM.  

6.  During the processing of this case, a member of the Board’s staff reviewed the Department of the Army (DA) Vietnam Casualty Roster.  This search revealed an entry confirming the applicant was wounded in action in the RVN on 23 July 1970.

7.  The applicant provides a copy of an Air Medal (AM) certificate, dated            23 March 1971, which was signed by the commanding general (CG) of the 101st Airborne Division, Major General (MG) T____.  This certificate shows the applicant was awarded the AM for his meritorious achievement in the RVN during the period 28 May 1970 through 24 November 1970.  A review of the history of the 101st Airborne Division located on the 101st Airborne Division, Fort Campbell Army History Internet Website confirms MG T____ was the CG of the 101st Airborne Division at the time the applicant was awarded this AM.


8.  The applicant also provides a PH Certificate which shows that on 24 July 1970 he was awarded the PH for wounds he received in action.

9.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-13 contains guidance on the VSM.  It states, in pertinent part, that a bronze service star is authorized for each campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of RVN campaigns and shows that during the applicant's tenure of assignment, participation credit was granted for the Vietnam Winter-Spring, Sanctuary Counteroffensive, and the Vietnam Counteroffensive Phase VII campaigns.

10.  Chapter 4 of Army Regulation 600-8-22 prescribes the policy for award of the AGCM.  It states, in pertinent part, that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying 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, in which case a period of more than 1 year is a qualifying period.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.

11.  Paragraph 9-13 contains guidance on the RVN Campaign Medal.  It states, in pertinent part, that this award is authorized to members of the Armed Forces of the United States for qualifying service in the RVN during the period 1 March 1961 through 28 March 1973.  Normal qualifying service included assignment in the RVN for 6 or more months; however, members who served in the RVN for less than 6 months, who were wounded in action, were authorized to receive the award.  The regulation also stipulates that a 1960 Device is worn with this award. 

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during the applicant’s tenure of assignment in the RVN, his unit, the  2nd Battalion, 506th Infantry Division, was awarded the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal with First Class Unit Citation. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention of entitlement to the PH was carefully considered and found to have merit.  The evidence of record confirms he was wounded in action in the RVN on 23 July 1970, as evidenced by the PH certificate he provides and an entry on the Vietnam Casualty Roster, the official Department of the Army list of RVN battle casualties.  Therefore, it would be appropriate to add this award to his record and DD Form 214 at this time.  

2.  The applicant's contention that he was awarded the AM was also carefully considered and found to have merit.  Although the applicant's record does not include AM orders, given his overall outstanding record of combat service in the RVN, there is no reason to doubt the validity of the AM certificate he provided, which was properly authenticated and approved by the CG of the 101st Airborne Division at the time.  As a result, it would also be appropriate to add the AM to the list of awards contained on his DD Form 214 at this time.

3.  The applicant's record also confirms that he 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 him from receiving the AGCM.  Therefore, it would be appropriate to award him the first award of the AGCM, for his qualifying period of honorable active duty service from 12 June 1969 through 14 March 1971.

4.  The evidence of record further confirms that based on his RVN service and campaign participation, the applicant is also entitled to the RVN Campaign Medal with Device (1960), RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal with First Class Unit Citation and 3 bronze service stars with his VSM.  Thus, these awards should also be added to his record and separation document.

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 Army Good Conduct Medal for his qualifying period of honorable active duty service from 12 June 1969 through 14 March 1971;


	b.  amending item 24 of his DD Form 214 by deleting the current list of awards and replacing it with the entry, "National Defense Service Medal, Bronze Star Medal, Purple Heart, Army Good Conduct Medal, Vietnam Service Medal with 3 bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Combat Infantryman Badge; and

	c.  providing him a correction to his separation document that reflects these changes.




      _______ _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)                                         AR20090000962



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ABCMR Record of Proceedings (cont)                                         AR20090000962



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