IN THE CASE OF:	  

		BOARD DATE:	  17 March 2011

		DOCKET NUMBER:  AR20100021705 


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 two awards of the Purple Heart, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), and the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.

2.  The applicant states that when he submitted his DD Form 214 to the Department of Veterans Affairs in support of his claim for veterans' benefits, he noticed that some of his awards were not recorded on the document.

   a.  He states he was wounded in action in Vietnam on two separate occasions (i.e., on 15 November 1966 and 14 March 1967).

   b.  He wrote to the National Personnel Records Center (NPRC) for documentation pertaining to his awards and they verified his entitlement to the:

* Purple Heart (1st Oak Leaf Cluster)
* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* Marksman Marksmanship Qualification Badge with Rifle and Automatic Rifle Bars


* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

3.  The applicant provides copies of his DD Form 214, two Purple Heart award orders, and a letter from the NPRC.

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
26 November 1965.  Upon completion of training he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service) he served in the Republic of Vietnam from
23 July 1966 through 16 June 1967;

	b.  item 38 (Record of Assignments) he was assigned to:

		(1)  Company A, 2nd Battalion, 8th Infantry, 4th Infantry Division, from
23 July 1966 through 28 March 1967 as a radio telephone operator in duty MOS 11B and

		(2)  the Medical Holding Detachment, 106th General Hospital, Japan, as a patient from 29 March through 12 June 1967;

	c.  item 39 (Campaigns) a blank entry;

	d.  item 40 (Wounds) that he sustained light wounds (ear concussions) on
15 November 1966 and shrapnel wounds to both arms and legs on 15 March 1967; and
   e.  item 41 (Awards and Decorations) the:

* Combat Infantryman Badge
* National Defense Service Medal
* Vietnam Service Medal
* Purple Heart
* Republic of Vietnam Campaign Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar

4.  Special Orders Number 82, issued by Headquarters, 4th Infantry Division, Fort Lewis, WA, dated 28 March 1966, awarded the applicant the Marksman Marksmanship Qualification Badge with Automatic Rifle (M-14 E-2) Bar.

5.  Special Orders Number 174, issued by the same headquarters, dated 14 July 1966, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar.

6.  Special Orders Number 244, issued by the same headquarters, dated
19 November 1966, awarded the applicant the Combat Infantryman Badge.

7.  General Orders Number 215, issued by the same headquarters, dated
27 November 1966, awarded the applicant the Purple Heart for wounds received in the RVN on 15 November 1966.

8.  General Orders Number 22, issued by Headquarters, 106th General Hospital, dated 23 March 1967, as amended by General Orders Number 34, dated 2 May 1967, awarded the applicant the Purple Heart for wounds received in the Republic of Vietnam on 14 March 1967.

9.  General Orders Number 1735, issued by Headquarters, 4th Infantry Division, dated 3 July 1967, awarded the applicant the Purple Heart (1st Oak Leaf Cluster) for wounds received in the RVN on 14 March 1967.

10.  A review of The Adjutant General's Office, Casualty Division's Vietnam casualty roster shows the applicant's name is listed twice as a casualty, on
15 November 1966 and 14 March 1967, both under casualty status code "23."  This casualty code refers to "hostile wounded in action, not serious, hospitalized."

11.  The applicant's DD Form 214 shows he was honorably released from active duty on 31 August 1967 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his Reserve obligation.

	a.  He had completed 1 year, 9 months, and 6 days of total active service and 10 months and 24 days of foreign service.

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Combat Infantryman Badge
* Purple Heart
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

12.  There is no evidence the applicant was awarded the first award of the Army Good Conduct Medal.

	a.  The applicant received nonjudicial punishment under Article 15, Uniform Code of Military Justice, for sleeping while on post as a sentinel of the guard on 10 February 1967.  His punishment consisted of reduction to private (E-2) and forfeiture of seven days of pay ($14.00).

	b.  He received "excellent" conduct and efficiency ratings throughout his active duty service.

	c.  There is no evidence the applicant's commanding officer denied the applicant award of the Army Good Conduct Medal.

	d.  There are no orders or other evidence in the applicant's military personnel records that show he was awarded the Army Good Conduct Medal.

13.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 contains a list of Vietnam Conflict campaigns and it shows that during the applicant's tour in Vietnam he participated in the following two campaign phases:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 2nd Battalion, 8th Infantry, 4th Infantry Division, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966 through 28 July 1969 by Department of the Army General Orders (DAGO) Number 3, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 through 31 October 1969 by DAGO Number 53, dated 1970

15.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualifying 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.

16.  Army Regulation 600-8-22 (Military Awards) 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 six months or more.

DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant was wounded in the Republic of Vietnam on two occasions (i.e., on 15 November 1966 and 14 March 1967).  In addition, general orders awarded the applicant the Purple Heart for wounds received in the RVN on 15 November 1966 and 14 March 1967.  Therefore, his DD Form 214 should be corrected to those these two awards.

2.  Records show the applicant served a qualifying period of active duty enlisted service for the first award of the Army Good Conduct Medal.  Even though he received nonjudicial punishment on one occasion, he still received a conduct rating of "excellent" for that period.  Moreover, he received "excellent" conduct and efficiency ratings throughout his entire period of active service.  In addition, there is no evidence that the applicant's commander denied him award of the Army Good Conduct Medal.  Based on the available evidence, the applicant should be awarded the first award of the Army Good Conduct Medal and his DD Form 214 should be corrected to show this award.


3.  The applicant participated in two campaign phases during his service in the Republic of Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these two bronze service stars.

4.  The applicant qualified for award of the Republic of Vietnam Campaign Medal with Device (1960) which is incorrectly noted on his DD Form 214.  Therefore, his DD Form 214 should be corrected accordingly.

5.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his
DD Form 214 should be corrected to show these unit awards.

6.  Special orders awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and the Automatic Rifle Bar (M-14 E-2).  Therefore, his DD Form 214 should be corrected to show these marksmanship qualification badges.

7.  In view of the foregoing, it would be appropriate to correct the applicant's
DD Form 214 to show his authorized awards and decorations, as recommended below.

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.  deleting from item 24 of his DD Form 214 the Purple Heart, Vietnam Service Medal, and the Vietnam Campaign Medal;


	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
26 November 1965 through 31 August 1967; and

	c.  adding to item 24 of his DD Form 214 the:

* Purple Heart (2nd Award)
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar
(M-14 E-2) Bars



      ___________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)                                         AR20100021705



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ABCMR Record of Proceedings (cont)                                         AR20100021705



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