IN THE CASE OF:	  

		BOARD DATE:	  21 September 2010

		DOCKET NUMBER:  AR20100009644


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 the Purple Heart, Army Commendation Medal, and Air Medal.

2.  The applicant states these awards were inadvertently left off of his DD Form 214.

3.  The applicant provides:

* A copy of his DD Form 214
* An article titled "The Shootdown of CPT P******* and his Crew"
* A Certificate of Appreciation, dated 19 April 1971

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 in the Regular Army from 15 September 1969 to 19 April 1971.  He served in military occupational specialty (MOS) 67N (UH-1 Helicopter Mechanic).  He served in Vietnam from 4 May 1970 to 14 April 1971.  He served with the 398th Transportation Detachment, 11th Armored Cavalry Regiment from 7 May 1970 to 5 February 1971; Howitzer Battery, 1st Squadron, 11th Armored Cavalry Regiment from 6 February 1971 to 9 February 1971; and with the 335th Transportation Company from 10 February 1971 to 14 April 1971.

3.  The applicant's DD Form 214 shows he was awarded the:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* Vietnam Campaign Medal [recorded twice as VCM]
* Two Overseas Service Bars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

4.  The applicant's records contain a DA Form 20 (Enlisted Qualification Record) that shows the applicant received uniformly "excellent" conduct and efficiency ratings.  It does not contain a DA Form 20B (Insert Sheet to DA Form 20, Record of Court-Martial Conviction).

5.  The applicant's records contain the following orders:

* General Orders Number 3719, Headquarters (HQ), 23rd Infantry Division, Vietnam, dated 31 March 1971, awarding him the Purple Heart for wounds received on 20 March 1971
* General Orders Number 04452, HQ, 23rd Infantry Division, Vietnam, dated 19 April 1971, awarding him the Army Commendation Medal
* General Orders Number 257, HQ, 2nd Field Force, Vietnam, dated 2 February 1971, awarding him the Air Medal for the period 5 August to 24 December 1970

6.  Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal was awarded to individuals who had completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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 were not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 were not disqualifying.

7.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam.  During the applicant’s tour in Vietnam he participated in 2 campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

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 the unit to which the applicant was assigned, the 11th Armored Cavalry Regiment, was cited for award of the Valorous Unit Award for the period 1 May 1970 to 29 June 1970 by Department of the Army General Order Number 43, dated 1972.  It also shows that the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March 1970 to 30 October 1970 by Department of the Army General Order Number 55, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant wants the Purple Heart, Army Commendation Medal, and Air Medal added to his DD Form 214.

2.  The applicant's records contain orders for the above three awards; they should be added to his DD Form 214.

3.  The applicant had uniformly "excellent" conduct and efficiency ratings and no record of court-martial convictions.  He is entitled to the Good Conduct Medal for the period 15 September 1969 to 19 April 1971.

4.  The applicant served in 2 campaigns while in Vietnam.  He should have two bronze service stars added to his Vietnam Service Medal.

5.  The unit to which the applicant was assigned in Vietnam was awarded the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his tenure with the unit.  These unit awards should be added to his DD Form 214.

6.  In the interest of correcting his DD Form 214, the duplicate entry for the Vietnam Campaign Medal should be removed.



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:

* Deleting the VSM and one of two VCMs from his DD Form 214
* Adding the Purple Heart, Army Commendation Medal, Air Medal, Good Conduct Medal, VSM with 2 bronze service stars, Valorous Unit Award, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214
* Providing him a document to show the above corrections




      _______ _ 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)                                         AR20100009644



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ABCMR Record of Proceedings (cont)                                         AR20100009644



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