IN THE CASE OF:	  

		BOARD DATE:	  24 March 2011

		DOCKET NUMBER:  AR20100021865 


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, the widow of a deceased former service member (FSM), requests, in effect, correction of the FSM's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart and the Army Commendation Medal with "V" Device.

2.  The applicant states the awards are not listed on the FSM's DD Form 214.  The award orders were "just found by the widow."

3.  The applicant provides, through the Oconto County Veterans' Service Office, Oconto, WI, copies of the FSM's DD Form 214; a certificate showing the FSM was awarded of the Purple Heart; and General Orders Number 1266, issued by Headquarters, 25th Infantry Division, dated 18 March 1968, announcing award of the Army Commendation Medal with "V" Device.

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 FSM was inducted into the Army of the United States on 23 August 1966.  He completed training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  His DD Form 214 shows he was honorably released from active duty (REFRAD), effective 28 June 1968.  The highest rank he attained while serving on active duty was staff sergeant (SSG)/E-6.  He completed 1 year, 10 months, and 6 days of total active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar
* one Overseas Service Bar

4.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service) he served in Vietnam from 6 April 1967 through 12 February 1968.

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

		(1)  Company A, 3rd Battalion, 22d Infantry, Vietnam, from 20 April 1967 through 26 January 1968;

		(2)  Medical Holding Detachment, 106th General Hospital, Japan, from 
27 January 1968 through 11 February 1968 in a patient status; and

		(3)  Medical Holding Company, Fitzsimons General Hospital, Denver, CO from 12 February 1968, in a patient status until his REFRAD.

	c.  item 38 further shows he received "excellent" conduct and efficiency ratings through his service with the exception of one "unknown" efficiency rating while he was a patient at Fitzsimons General Hospital.

	d.  item 41 (Awards and Decorations) the:

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)

	e.  Item 40 (Wounds) the entry "GSW [gunshot wound] - 27 January 1967."

5.  There is no evidence of any disciplinary actions or a commander's disqualification for the first award of the Army Good Conduct Medal.

6.  His available records do not contain orders for the Purple Heart.

7.  The applicant provided a copy of a certificate showing the FSM was awarded the Purple Heart for wounds received in action on 27 January 1968.

8.  The FSM's available records include a copy of a special neurological examination, dated 24 January 1969, which states the FSM incurred a gunshot wound to the left parietal occipital region of the head on 27 January 1968.  He incurred this injury in combat in Vietnam and he was knocked unconscious, and remained so for about 4 days.  He was hospitalized from January 1968 to 
June 1968.

9.  The FSM's name is listed on the Vietnam casualty roster with a date of casualty of 27 January 1968 under Casualty Status code 22, which indicates he was "hostile wounded in action - serious - hospitalized."

10.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal orders for the Purple Heart pertaining to the FSM.

11.  The applicant provided a copy of General Orders Number 1266 awarding the FSM the Army Commendation Medal with "V" Device for heroism on 1 January 1968 in the Republic of Vietnam.

12.  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.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.

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.  Appendix B shows that during his service in Vietnam, the applicant participated in the following two campaigns:

* 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 3rd Battalion, 22nd Infantry, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966 - 1 August 1967 by Department of the Army General Order (DAGO) Number 48, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1967 - August 1968 by DAGO Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 - 21 January 1970 by DAGO 51, dated 1971

15.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information) states that not more than one award of the Republic of Vietnam Gallantry Cross Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the FSM was wounded as a result of hostile action, as corroborated by his name being listed on the Vietnam casualty roster, and that he was awarded a Purple Heart certificate.  Therefore, the FSM's
DD Form 214 should be corrected to show this award.

2.  General orders awarded the FSM the Army Commendation Medal with "V" Device for heroism in the Republic of Vietnam on 1 January 1968.  Therefore, the FSM's DD Form 214 should be corrected to show this award.  

3.  The available evidence clearly shows that he distinguished himself in the performance of his military service as evidenced by promotion to staff sergeant. The one "unknown" efficiency rating is not disqualifying.  It is presumed that his not receiving the first award of the Army Good Conduct Medal for his service was an oversight.  Therefore, the FSM should be posthumously awarded the first award of the Army Good Conduct Medal and his DD Form 214 should be corrected to show this award.

4.  The available evidence shows the FSM participated in two designated campaign phases during his service in Vietnam.  Therefore, two bronze service stars should be affixed to his already-awarded Vietnam Service Medal and his DD Form 214 should be corrected to show these bronze service stars.

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

BOARD VOTE:

____X____  ___X_____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 the FSM's DD Form 214 the Vietnam Service Medal;

	b.  posthumously awarding the FSM the first award of the Army Good Conduct Medal for the period 23 August 1966 through to 28 June 1968; and

	c.  adding to item 24 of the FSM's DD Form 214 the:

* Purple Heart
* Army Commendation Medal with "V" Device
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
(2 Awards)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

2.  The Board wants the applicant and all others to know that the sacrifices the FSM made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of the FSM's service in arms.



      ___________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)                                         AR20100006875



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ABCMR Record of Proceedings (cont)                                         AR20100021865



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