BOARD DATE:	  10 September 2009

		DOCKET NUMBER:  AR20090005245 


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 show award of the Purple Heart, the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

2.  The applicant states he was wounded on 21 June 1968.  He indicates he was authorized the unit awards based on Department of the Army General Order (DAGO) Number 69, dated 1969; DAGO Number 3, dated 1970; and DAGO Number 53, dated 1970.

3.  The applicant provides a copy of Table 2 from Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), dated 29 January 1988; general orders, dated 2 July 1968, awarding him the Purple Heart; and his DA Form 20 (Enlisted Qualification Record) 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 was inducted into the Army of the United States on 23 September 1966.  At the completion of basic combat training and advanced individual training, he was awarded military occupational specialty 11F (infantry operations and intelligence specialist).  His highest grade held was specialist five. 

3.  The applicant was assigned to Vietnam on 27 August 1967 with Company E, 3rd Battalion, 12th Infantry, 4th Infantry Division.  

4.  Headquarters, 4th Infantry Division, General Orders Number 2970, dated 2 July 1968, shows the applicant was awarded the Purple Heart for wounds received in action on 21 June 1968.

5.  The applicant departed Vietnam on 2 September 1968.  He was credited with participation in the Vietnam Counteroffensive Phase III Campaign, the Tet Counteroffensive Campaign, the Vietnam Counteroffensive Phase IV Campaign, and the Vietnam Counteroffensive Phase V Campaign.  

6.  The applicant was honorably released from active duty on 3 September 1968 in the rank of specialist five.  At the time of his discharge, he had completed 1 year, 11 months, and 11 days of active military service with no days of lost time.  His DA Form 20 shows he received conduct and efficiency ratings of "excellent" throughout his service.  There is no record of disciplinary actions.  

7.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Republic of Vietnam Campaign Medal, the Vietnam Service Medal, the Combat Infantryman Badge, the Marksman Marksmanship Qualification Badge with Rifle Bar, and two Overseas Bars.   

8.  Department of the Army Pamphlet 672-3 shows that the 3rd Battalion, 12th Infantry was cited for award of the Presidential Unit Citation by DAGO Number 69, dated 1969 for the period 18 to 26 May 1967.  

9.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 3rd Battalion, 12th Infantry, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 3, dated 1970.
10.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 3rd Battalion, 12th Infantry, this unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 53, dated 1970.

11.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  

12.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that 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 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.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

DISCUSSION AND CONCLUSIONS:

1.  General orders issued by the 4th Infantry Division on 2 July 1968 awarded the applicant the Purple Heart for wounds received in action on 21 June 1968.  Therefore, the Purple Heart should be added to his DD Form 214.  

2.  Department of the Army Pamphlet 672-3 shows the 3rd Battalion, 12th Infantry was awarded the Presidential Unit Citation during the period 
18 to 26 May 1967 by DAGO Number 69, dated 1969.  However, the applicant was not assigned to this unit during the period it was cited for award of the Presidential Unit Citation.  Therefore, he is not eligible for correction of his 
DD Form 214 to show this award.

3.  The applicant was assigned to the 3rd Battalion, 12th Infantry during a period it was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, these awards should be added to his DD Form 214.

4.  The applicant’s service records show he received conduct and efficiency ratings of "excellent" throughout his service and was promoted to specialist five during this period.  It appears he has met the regulatory requirements for the first award of the Army Good Conduct Medal for a qualifying period of service from 
23 September 1966 through 3 September 1968.  

5.  The applicant’s DD Form 214 currently reflects the Vietnam Service Medal.  However, he received credit for participation in four campaigns during the Vietnam War.  Therefore, his DD Form 214 should be amended to reflect four bronze service stars for wear on his Vietnam Service Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__x_____  ____x___  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 the period 23 September 1966 through 3 September 1968; and 

	b.  amending his DD Form 214 to add the Purple Heart, the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars for wear on his already-awarded Vietnam Service Medal.  

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correction of his DD Form 214 to show award of the Presidential 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)                                         AR20090005245





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ABCMR Record of Proceedings (cont)                                         AR20090005245



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