IN THE CASE OF:	  

		BOARD DATE:	  28 October 2010

		DOCKET NUMBER:  AR20100013281 


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.

2.  The applicant states he was awarded the Purple Heart at bedside but the unit failed to follow-up the administrative requirements to publish the orders.

3.  The applicant provides a DD Form 214 and orders for award of the Silver Star in support of this 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 20 February 1969.  He completed the training requirements and he was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  Item 31(Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 11 January to 
4 December 1970.  Item 38 (Record of Assignments) shows he was assigned to Company L, 75th Infantry while in the RVN.  It also shows he received "excellent" conduct and efficiency ratings at most of his active duty assignments.  However, he received an academic efficiency rating of "good" during Ranger training.

4.  Headquarters, 85th Evacuation Hospital (Semi-Mobile) General Orders Number 103, dated 5 May 1970, awarded him the Purple Heart for wounds received in action on 4 May 1970.

5.  Headquarters, 101st Airborne Division (Airmobile), General Orders Number 474, dated 15 January 1971, awarded him the Army Commendation Medal for meritorious achievement from 1 February to 30 June 1970.

6.  Headquarters, School Brigade United States Army Infantry School, Fort Benning, GA, Special Orders Number 314, dated 17 December 1969, awarded him the Ranger Tab.

7.  His Official Military Personnel File is void of derogatory information or a unit commander disqualification that would have precluded him from receiving the Army Good Conduct Medal.

8.  On 5 December 1970, he was released from active duty in the rank of staff sergeant/E-6 after completing 1 year, 9 months, and 16 days of active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the following awards:

* National Defense Service Medal
* Vietnam Service Medal 
* Combat Infantryman Badge
* Silver Star
* Republic of Vietnam Campaign Medal with Device (1960)
* two Overseas Service Bars
* Bronze Star Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated 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; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  

10.  Army Regulation 600-8-22 (Military Awards) paragraph 2-13 contains guidance on the Vietnam Service Medal and states a bronze service star is authorized to be worn with this award for each campaign a member is credited with participating in while in the RVN.  Appendix B of this regulation shows the campaigns for the RVN.  During his tour in the RVN, he participated in three campaigns:

* Vietnam Winter-Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the RVN.  This pamphlet shows the unit to which the applicant was assigned (Company L, 75th Infantry) was cited for the following unit awards:

* Valorous Unit Award for the period 7 December 1969 - 16 February 1970 by Department of the Army General Orders (DAGO) Number 48, dated 1971 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 2 December 1969 - 8 January 1971 by DAGO Number 24, dated 1972 
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 February 1969 - 2 May 1970 by DAGO Number 48, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show the Purple Heart has been carefully reviewed.

2.  General orders awarded him the Purple Heart and the Army Commendation Medal.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  Special Orders awarded him the Ranger Tab.  This award should also be added to his DD Form 214.

4.  The evidence of record confirms he received "excellent" conduct and efficiency ratings at most of his active duty assignments and that his OMPF is void of derogatory information or a unit commander disqualification that would have precluded him from receiving the Army Good Conduct Medal.  He received an academic efficiency rating of "good" during Ranger training.  The governing regulation at the time provided that service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal for his qualifying honorable active duty service from 20 February 1969 through 5 December 1970 and to add this award to his DD Form 214.

5.  He was awarded the Vietnam Service Medal.  Additionally, he participated in three campaigns while in the RVN; therefore, he is entitled to three bronze service stars to be affixed to his Vietnam Service Medal and correction of his
DD Form 214 to show these service stars.

6.  Based on his service with Company L, 75th Infantry while in the RVN, he is also entitled to correction of his DD Form 214 to show the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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 first award of Army Good Conduct Medal for his period of honorable active service from 20 February 1969 through 5 December 1970; and

	b.  amending item 24 of his DD Form 214 by deleting the Vietnam Service Medal and adding the Purple Heart, Army Commendation Medal, Ranger Tab, Army Good Conduct Medal, Vietnam Service Medal with three bronze service stars, Valorous Unit Award, 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)                                         AR20100013281



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ABCMR Record of Proceedings (cont)                                         AR20100013281



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