IN THE CASE OF:	  

		BOARD DATE:	      4 May 2011

		DOCKET NUMBER:  AR20100023400 


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 Purple Heart (2nd Award), Army Commendation Medal with "V" Device, Army Good Conduct Medal, and Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation.

2.  The applicant states he was never issued his medals or awards and was attempting to obtain them when the discrepancy was brought to his attention by the National Personnel Records Center (NPRC).

3.  The applicant provides copies of his DD Form 214, effective 28 June 1968; DA Form 20 (Enlisted Qualification Record); NPRC letter, dated 23 August 2010; orders awarding him the Purple Heart (1st and 2nd Award), Army Commendation Medal, and Army Commendation Medal with "V" Device; Army Commendation Medal Citation; and Wikipedia information relating to the Vietnam Gallantry Cross.

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.  His records show he enlisted in the Regular Army on 14 September 1965.  Upon completion of his initial training he was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  A review of his DA Form 20 (Enlisted Qualification Record) shows in:

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

* Company B, 1st Battalion, 5th Calvary, 1st Cavalry Division, from 2 April 1966 to 27 February 1967
* Medical Hold Detachment, 106th General Hospital, from 28 February 1967 to 24 April 1967
* Company A, 1st Battalion (Airborne), 508th Infantry, from 14 February 1968 to 23 June 1968

	b.  item 38 shows he received all "excellent" conduct and efficiency ratings throughout his period of service;

	c.  item 40 (Wounds) the entry "fragment forehead, 12 February 1967" and "fragment wound back, 5 May 1968"; and

	d.  item 41 (Awards and Decorations) the:

* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal
* Army Commendation Medal
* Combat Infantryman Badge
* overseas service bar (1)
* Air Medal
* Army Commendation Medal
* Expert Marksmanship Qualification Badge with Mortar Bar (3.5-inch Rocket)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M14)

4.  The applicant provides and his records contain the following awards that are not shown on his DD Form 214:

	a.  General Orders Number 5, dated 23 August 1968, issued by Headquarters, 3rd Brigade, 82nd Airborne Division, awarded him the Purple Heart for wounds received on 5 May 1968.

	b.  General Orders Number 26, dated 12 October 1968, issued by the same organization awarded him the Army Commendation Medal with "V" Device for heroism in ground combat in the RVN on 5 May 1968.

5.  His DD Form 214 shows he was honorably released from active duty on       28 June 1968 and  he was transferred to the U.S. Army Reserve Control Group (Reinforcement).  The highest rank held was sergeant (E-5) (temporary).  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the:

* Parachutist Badge
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* Purple Heart
* Air Medal
* Army Commendation Medal
* Combat Infantryman Badge

6.  His name is listed on the Vietnam casualty roster on two separate occasions under casualty status code 23 with dates of casualties listed as 12 February 1967 and 5 May 1968.  Casualty status code 23 refers to "hostile wounded in action-not serious-hospitalized."

7.  A review of his records indicates entitlement to additional awards which are not shown on his DD Form 214.

8.  Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying 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.

9.  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 during the period of his assignment with:

	a.  Company B, 1st Battalion, 5th Calvary, 1st Cavalry Division, this unit was awarded the RVN Gallantry Cross with Palm Unit Citation for the period 9 August 1965-19 May 1969 by Headquarters, Department of the Army General Orders (DAGO) Number 59, dated 1969; and

	b.  Company A, 1st Battalion (Airborne), 508th Infantry, this unit was awarded the Valorous Unit Award for the period 1 May 1968-8 January 1969 by DAGO Number 43, dated 1970, and the RVN Civil Actions Honor Medal First Class Unit Citation for the period 12 March-4 October 1968.

10.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states 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 RVN, participation credit was awarded for the following four campaigns:

* Vietnam Counteroffensive (25 December 1965-30 June 1966)
* Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967)
* Tet Counteroffensive (30 January-1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April-30 June 1968)

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he was wounded on 12 February 1967 and on 5 May 1968 as a result of hostile action.  His wounds required treatment by medical personnel, he was hospitalized, and the medical treatment was made a matter of official record.

2.  His name is listed on the Vietnam casualty roster and the appropriate entries were made on his DA Form 20.  Therefore, his DD Form 214 should be corrected to show award of the Purple Heart (2nd Award).

3.  General orders awarded his units the Valorous Unit Award, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would be appropriate to correct his DD Form 214 to show these unit awards.

4.  He was previously awarded the Vietnam Service Medal.  His records show he participated in four campaigns while serving in RVN.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal.

5.  The evidence of record confirms he served honorably during the period 14 September 1965 through 28 June 1968.  He was wounded in action, attained the rank of sergeant, and he received "excellent" conduct and efficiency ratings throughout his service.  His record is void of any derogatory information that would have disqualified him from award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal and correct his DD Form 214 to show this award.

6.  Special orders awarded him the Expert Marksmanship Qualification Badge with Mortar Bar (3.5-inch Rocket) and Marksman Marksmanship Qualification Badge with Rifle Bar (M14).  General orders awarded him the Army Commendation Medal with "V" Device as well as the Army Commendation Medal.  These awards and badges should be added to his DD Form 214.

7.  In view of the above, his request should be granted.

BOARD VOTE:

___X____  __X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.  awarding him the Army Good Conduct Medal (1st Award) for the period 14 September 1965 through 28 June 1968;

	b.  deleting from item 24 of his DD Form 214 the Army Commendation Medal and the Vietnam Service Medal; and

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

* Purple Heart (2nd Award)
* Army Commendation Medal (2nd Award) and with "V" Device
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Valorous Unit Award
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Mortar Bar (3.5-inch Rocket)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M14)




      _______ _   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)                                         AR20100023400



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ABCMR Record of Proceedings (cont)                                         AR20100023400



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