IN THE CASE OF:	  

		BOARD DATE:	    15 March 2011

		DOCKET NUMBER:  AR20100022585 


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 award of the Bronze Star Medal and the Purple Heart.  

2.  He states his DD Form 214 does not include the Bronze Star Medal and the Purple Heart.  

3.  He provides:

* General Order Number 293, issued by Headquarters, 93rd Evacuation Hospital, dated 5 November 1969, awarding the Purple Heart
* a Purple Heart certificate, dated 5 November 1969
* a Bronze Star Medal certificate, dated 19 December 1969
* a letter from the National Personnel Records Center (NPRC), St Louis, MO, dated 18 August 2010
* his DD Form 214
* a DA Form 199 (Physical Evaluation Board (PEB) Proceedings)
* a DA Form 8-118 (Medical Board Proceedings)

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 May 1968.  The highest rank/grade he attained was specialist five (SP5)/E-5.

3.  He served in Vietnam from 13 October 1968 to 17 November 1969.  His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Battery B and Headquarters and Headquarters Service Battery, 1st Battalion, 77th Artillery Regiment, 1st Cavalry Division.  

4.  General Order Number 293, dated 5 November 1969, shows he was awarded the Purple Heart for wounds received in action in the Republic of Vietnam on
4 November 1969.

5.  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 United States Army Human Resources Command, revealed General Orders Number 16270, issued by Headquarters, 1st Cavalry Division, dated 19 December 1969, awarded the applicant the Bronze Star Medal with “V” Device for heroic action on 4 November 1969 in the Republic of Vietnam.

6.  His DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service.  His record does not contain any derogatory information or a record of a commander's disqualification for the first award of the Army Good Conduct Medal.

7.  On 20 April 1970, the applicant was retired by reason of temporary physical disability and he was placed on the temporary disability retired list (TDRL).  He was retired in the rank/grade of SP5/E-5.  He completed 1 year, 11 months, and 1 day of total active service with no time lost.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Army Commendation Medal


* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

8.  References:

	a.  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, 77th Artillery Regiment, this unit was cited for award of the:

		(1)  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 - 1 February 1970 by Department of the Army General Orders (DAGO) Number 42, dated 1972

		(2)  Valorous Unit Award for action on 4 November 1969 by DAGO Number 2, dated 1971

	b.  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.  A silver service star will be worn in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following five campaigns:

* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* TET 69, Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)

   c.  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.  There must have been no convictions by a court-martial.


DISCUSSION AND CONCLUSIONS:

1.  General orders show the applicant was awarded the Purple Heart and the Bronze Star Medal with “V” Device.  Therefore, his DD Form 214 should be corrected to show these awards.

2.  It appears he met the regulatory requirements for the first award of the Army Good Conduct Medal for a qualifying period from 20 May 1968 through 20 April 1970.  His service record shows he received "excellent" conduct and efficiency ratings and he was promoted to SP5 during this period.  Therefore, he 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.  Evidence shows that during his assignment to his unit in Vietnam, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Valorous Unit Award.  Therefore, his DD Form 214 should be corrected to show these unit awards.

4.  He participated in five campaign phases during his service in Vietnam.  Therefore, he is entitled to one silver service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show the silver service star.

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 Vietnam Service Medal;


	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
20 May 1968 through 20 April 1970; and

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

* Bronze Star Medal with “V” Device
* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one silver service star
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Valorous Unit Award



      _______ _ 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)                                         AR20100022585



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ABCMR Record of Proceedings (cont)                                         AR20100022585



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