IN THE CASE OF:	  

		BOARD DATE:	  17 March 2011

		DOCKET NUMBER:  AR20100023425 


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 the Purple Heart and the Army Commendation Medal (ARCOM).

2.  The applicant states the awards are not listed on his DD Form 214.

3.  The applicant provides a DD Form 214, ARCOM Certificate, and Purple Heart orders.

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 
3 September 1965.  Upon completion of initial entry training he was awarded military occupational specialty 11D (Armor Reconnaissance Specialist).

3.  Headquarters, U.S. Army Training Center, Fort Leonard Wood, MO, Special Orders Number 295, dated 22 October 1965, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  Headquarters, U.S. Army Training Center, Fort Knox, KY, Special Orders Number 8, dated 13 January 1966, awarded him the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60).

5.  Headquarters, 11th Armored Cavalry Regiment Special Orders Number 99, dated 30 July 1966, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

6.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 20 August 1966 to       30 July 1967.  Item 38 (Record of Assignments) shows he served with Headquarters Troop, 1st Squadron, 11th Armored Cavalry Regiment while in the RVN.  Item 38 also shows he received "excellent" conduct and efficiency ratings at all of his active duty assignments.  Item 41 (Awards and Decorations) does not show the ARCOM.

7.  His official military personnel file (OMPF) is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the Army Good Conduct Medal.  His OMPF is also void of orders or any other documentation showing he was awarded or recommended for the ARCOM.

8.  Headquarters, 36th Evacuation Hospital, General Orders Number 19, dated 30 March 1967, awarded him the Purple Heart for wounds receive in action on   28 March 1967.

9.  On 31 July 1967, he was honorably released from active duty in the rank of specialist four/E-4 after completing 1 year, 10 months, and 28 days of active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows:

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Vietnam Campaign Medal

10.  During the processing of this case, a member of the Board's staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS).  This is a web-based index containing general orders issued during the Vietnam Era between 1965 and 1973.  No orders for the ARCOM pertaining to the applicant were found in the ADCARS file.

11.  He provided an ARCOM Certificate that indicates he was awarded the ARCOM for meritorious service during the period 7 September 1966 to 30 July 1967.

12.  Army Regulation 600-8-22 (Military Awards) states the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

13.  Army Regulation 672-5-1 (Military 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 the 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.  

14.  Army Regulation 600-8-22, paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal and states that a bronze service star is authorized with this award for each RVN campaign a member is credited with participating in.  Appendix B shows that during his service in the RVN, he 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)

15.  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 11th Armored Cavalry Regiment was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 7 September 1966 to 10 August 1968 by Department of the Army General Orders Number 60, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show the Purple Heart and the ARCOM has been carefully reviewed.

2.  General orders show he was awarded the Purple Heart for wounds receive in action on 28 March 1967.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  Special orders show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60), and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, these weapons qualification badges should be added to his DD Form 214.

4.  The evidence of record confirms he received "excellent" conduct and efficiency ratings at all his active duty assignments and that his OMPF is void of derogatory information or a unit commander disqualification that would have precluded him from receiving the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for qualifying honorable active service from 3 September 1965 through 31 July 1967 and to add this award to his DD Form 214.

5.  He was awarded the Vietnam Service Medal.  Additionally, he participated in two campaigns while in the RVN; therefore, he is entitled to two bronze service stars to be affixed to his Vietnam Service Medal and correction of his DD Form 214 to reflect these awards.

6.  Based on his service with the 11th Armored Cavalry Regiment while in the RVN, he is also entitled to correction of his DD Form 214 to show the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

7.  His record does not contain orders or any other documentation indicating he was ever recommended for or awarded the ARCOM.  In the absence of such evidence, the ARCOM Certificate he provided is insufficient evidence on which to base correcting his DD Form 214 to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X_____  ____X___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 his period of honorable active duty service from 3 September 1965 through 31 July 1967;

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

	c.  adding to item 24 of his DD Form 214 the Purple Heart, the Army Good Conduct Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60), the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), the Vietnam Service Medal with two bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding to his DD Form 214 the Army Commendation Medal.




      _______ _  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)                                         AR20100023425



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ABCMR Record of Proceedings (cont)                                         AR20100023425



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