IN THE CASE OF:	  

		BOARD DATE:	  08 April 2010

		DOCKET NUMBER:  AR20090017604 


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 and all his other awards and decorations as well as his military training.  He also requests the issuance of his medals.

2.  The applicant states that his DD Form 214 is missing several awards and his military training.  He also states that he lost his medals and would like to be issued replacement medals.

3.  The applicant provides a copy of his DD Form 214, dated 17 March 1971; copies of orders and certificates awarding him the Purple Heart, Bronze Star Medal, Army Commendation Medal, Army Commendation Medal with "V" Device, and Air Medal; and copies of certificates of training showing completion of the Infantry Operations and Intelligence Noncommissioned Officer (NCO) Candidate Course and the Recondo/Raider Course 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's records show he enlisted in the Regular Army on 10 December 1968 and held military occupational specialty 11F (Infantry Operations and Intelligence Specialist).

3.  His records also show he served in the Republic of Vietnam from on or about 21 December 1969 to on or about 6 September 1970.  He was assigned to Company B, 5th Battalion, 60th Infantry.

4.  He was honorably retired on 17 March 1971 by reason of physical disability and was placed on the retired list in the rank/grade of staff sergeant (SSG)/E-6.

5.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device "1960," Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and Parachutist Badge.

6.  Item 24 (Education and Training Completed) of his DD Form 214 shows he completed training in or for the Code of Conduct; Geneva Convention; chemical, biological, and radiological warfare; Military Justice; and basic airborne.

7.  Headquarters, 12th Evacuation Hospital, General Orders Number 184, dated 9 August 1970, awarded him the Purple Heart for wounds received in action on 8 August 1970.

8.  Headquarters, 25th Infantry Division, General Orders Number 8789, dated 11 August 1970, awarded him the Bronze Star Medal for meritorious service in connection with military operations against a hostile force.

9.  Headquarters, II Field Force Vietnam, General Orders Number 1458, dated 8 April 1970, awarded him the Air Medal for meritorious achievement while participating in sustained aerial flight.

10.  Headquarters, 25th Infantry Division, General Orders Number 8748, dated 8 August 1970, awarded him the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile force.

11.  Headquarters, 3rd Advanced Individual Training Brigade, Fort Jackson, SC, Special Orders Number 69, dated 16 April 1969, awarded him the 2nd Class Gunner Marksmanship Qualification Badge with Machinegun Bar (M-60).

12.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Furthermore, item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service.

13.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal is awarded to individuals who have 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 (Military Awards) shows that during the applicant's tenure of service in the Republic of Vietnam he participated in the following campaigns:  the Vietnam Winter-Spring 1970 (1 November 1969 to 30 April 1970), DA Sanctuary Counteroffensive (1 May 1970 to 30 June 1971), and Vietnam Counteroffensive Phase VII (1 July 1970 to 30 June 1971).  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) shows that during the time of the applicant's assignment to the 5th Battalion, 60th Infantry, his unit was awarded the Valorous Unit Award for service from 1 May 1970 to 29 June 1970 based on Department of the Army General Orders (DAGO) Number 43, dated 1972; the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 29 July 1969 to 20 July 1970, based on DAGO Number 55, dated 1971; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 26 July 1969 to 20 July 1970, based on DAGO Number 55, dated 1971.

16.  He submitted copies of two certificates as follows:

	a.  a certificate, dated 5 August 1969 showing he completed the 12-week Infantry Operations and Intelligence NCO Candidate Course at Fort Benning, GA, in 1969; and

	b.  a certificate, dated 8 November 1969, showing he completed the 3-week RECONDO/RAIDER Course at Fort Bragg, NC, in 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show all his awards and training.

2.  General orders awarded him the Purple Heart for wounds received in action, Bronze Star Medal for meritorious service, Air Medal for meritorious achievement, and Army Commendation Medal with "V" Device for heroism; however, none of these awards is shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  General orders awarded his unit of assignment the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  Special orders awarded him the 2nd Class Marksmanship Qualification Badge with Machinegun Bar (M-60) which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this badge.

5.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show he participated in three campaigns while serving in the Republic of Vietnam; therefore, he is entitled to three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

6.  The evidence of record confirms he served honorably from 10 December 1968 through 17 March 1971.  He completed a combat tour in the Republic of Vietnam, received "excellent" conduct and efficiency ratings throughout his military service, attained the rank/grade of SSG/E-6, and received multiple combat awards.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of a qualifying period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

7.  The available evidence shows he completed the 12-week Infantry Operations and Intelligence NCO Candidate Course and 3-week Recondo/Raider Course in 1969 which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these training courses.

8.  With respect to issuing replacement medals, the ABCMR corrects records; it does not issue medals or badges.  Requests for the issuance or replacement of military service medals, decorations, awards, badges, and corresponding accouterments should be directed to the specific branch of the military in which the veteran served.  For Army personnel, the National Personnel Records Center will verify the awards to which a veteran is entitled and forward the request with the verification to the appropriate service department for issuance of the medals. 
Written requests with appropriate supporting evidence may be addressed to the National Personnel Records Center, 9700 Page Avenue, St. Louis, MO 
63132-5100.  Once verified, the replacement medals and devices are shipped to the veteran by the U.S. Army Tank Automotive and Armaments Command, Clothing and Heraldry (PSID), Post Office Box 57997, Philadelphia, PA  19111.

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 the DD Form 214 of the individual concerned be corrected by:

	a.  awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 10 December 1968 through 17 March 1971;

	b.  adding to his DD Form 214 the Purple Heart, Army Good Conduct Medal (1st Award), Air Medal, Army Commendation Medal with "V" Device, Bronze Star Medal, 2nd Class Gunner Marksmanship Qualification Badge with Machinegun Bar (M-60), Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and three bronze service stars to be affixed to his already-awarded Vietnam Service Medal; and


	c.  adding to item 25 of his DD Form 214 the entries "Infantry Operations and Intelligence NCO Candidate Course" and "Recondo/Raider Course."



      ____________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)                                         AR20090017604



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ABCMR Record of Proceedings (cont)                                         AR20090017604



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