IN THE CASE OF:	  

		BOARD DATE:	  20 January 2011

		DOCKET NUMBER:  AR20100018278 


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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the following awards to include any other awards he may be authorized:

* Marksman Marksmanship Qualification Badge (M-1 Rifle)
* Vietnam Service Medal
* Combat Infantryman Badge
* Purple Heart

2.  The applicant states he received his [service] records from the archives and they list the above awards.  However, he believes he is entitled to more awards and would like his records researched. 

3.  The applicant provides the following:

* DD Form 214
* Two DA Forms 20 (Enlisted Qualification Record)
* DA Form 24 (Service Record)
* Standard Form 601 (Immunization Record)
* DD Form 47 (Record of Induction)
* Two DA Forms 2627-1 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ)
* Two Standard Forms 88 (Report of Medical Examination)
* Purple Heart award certificate
* Department of the Army letter 
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 was inducted into the Army of the United States on 6 January 1964 and he held military occupational specialty 11B (Light Weapons Infantryman).  He served in Vietnam from 16 October 1965 - 4 November 1965 while assigned to the 1st Battalion, 16th Infantry, 1st Infantry Division.

3.  On 4 November 1965, he was assigned to the Tripler Army Medical Center, HI, in a patient status.

4.  His records contain Department of the Army General Orders (DAGO) Number 1128, dated 22 October 1965, wherein he was awarded the Purple Heart for wounds received in hostile action in Vietnam on 19 October 1965.

5.  On 17 December 1965, he was honorably released from active duty in the rank/grade of private first class (PFC)/E-3 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining Reserve obligation.  He completed a total of 1 year, 11 months, and 12 days of creditable active service with no lost time.

6.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the entry "None."

7.  Section 2 (Chronological Record of Military Service) of his DA Form 24 shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record reveals he received nonjudicial punishment under the provisions of Article 15, UCMJ on 13 April 1965 for quitting his post before being properly relieved and on 12 July 1965 for being absent from his unit for 2 hours.

8.  Section 9 (Medals, Decorations, and Citations) of his DA Form 24 shows the Marksman Marksmanship Qualification Badge (M-1 Rifle), Vietnam Service Medal, Combat Infantryman Badge, and the Purple Heart.

9.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who 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.

10.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, he participated in the Vietnam Defense Campaign (8 March 1965 - 24 December 1965).

11.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

12.  Army Regulation 600-8-22 states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of his assignment to the 1st Battalion, 16th Infantry, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 - 16 October 1968, by DAGO Number 21, dated 1969, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 July 1965 - 7 April 1970, by DAGO Number 53, dated 1970.



DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Purple Heart for wounds received in hostile action in Vietnam on 19 October 1965.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  His records show he served honorably from 6 January 1964 through 17 December 1965.  He served in Vietnam, was wounded in action, received "excellent" conduct and efficiency ratings throughout his military service, and attained the rank/grade of PFC/E-3.  Except for two nonjudicial punishments for what appear to be minor infractions, his record is void of any other derogatory information that would have disqualified him from receiving the Army Good Conduct Medal.  Therefore, 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 and correct his DD Form 214 to show this award.

3.  His Service Record shows the Marksman Marksmanship Qualification Badge (M-1 Rifle), Vietnam Service Medal, and the Combat Infantryman Badge which are not shown on his DD Form 214.  He participated in one campaign during his service in Vietnam and is entitled to one bronze service star to be affixed to the Vietnam Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

4.  He served in Vietnam during a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960) and the National Defense Service Medal.  Therefore he is entitled to correction of his DD Form 214 to show these awards.

5.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

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 (1st Award) for exemplary behavior, efficiency, and fidelity during the period 6 January 1964 through 17 December 1965; and
   
	b.  adding to item 26 of his DD Form 214 the Purple Heart, Army Good Conduct Medal (1st Award), Marksman Marksmanship Qualification Badge 
(M-1 Rifle), Combat Infantryman Badge, Vietnam Service Medal with one bronze service star, Republic of Vietnam Campaign Medal with Device (1960), National Defense Service Medal, 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)                                         AR20100018278



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ABCMR Record of Proceedings (cont)                                         AR20100018278



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