IN THE CASE OF:	  

		BOARD DATE:	  26 April 2011

		DOCKET NUMBER:  AR20100024513 


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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart. 

2.  The applicant states he was wounded in action on 20 June 1969 while serving with Battery C, 4th Battalion, 42nd Artillery in the Republic of Vietnam and he received the Purple Heart and its accompanying certificate.  He states he needs his DD Form 214 corrected so he can file a claim with the Department of Veterans Affairs (VA). 

3.  The applicant provides a copy of his DD Form 214 with a separation date of 2 August 1971 and a colored photocopy of a Purple Heart certificate. 

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 enlisted in the Regular Army on 9 August 1968 for a 3-year period.  He completed his initial entry training and was awarded military occupational specialty 13B (Field Artillery Crewman).  The highest rank he attained was sergeant (SGT)/pay grade E-5.

3.  The applicant served in the Republic of Vietnam with Headquarters and Services Battery, 4th Battalion, 42nd Artillery, 4th Infantry Division from 20 January 1969 to 17 February 1969.  He then served with Battery C, 4th Battalion, 42nd Artillery from 28 February 1969 to 6 January 1970. 

4.  On 22 June 1971, he accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ) for failure to obey a lawful order issued by Headquarters, U.S. Army Support District, Nurnburg, Germany on two separate dates.  

5.  The applicant was honorably released from active duty on 2 August 1971 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining statutory military service obligation.  He was issued a DD Form 214 that confirms he competed 2 years, 11 months, and 24 days of total active service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows these awards: 

* National Defense Service Medal
* Vietnam Service Medal 
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Army Commendation Medal
* Republic of Vietnam Campaign Medal [with Device (1960)]

7.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he received fragment wounds to his right elbow on 5 June 1969.

8.  Item 38 (Record of Assignments) of the applicant’s DA Form 20 shows that he received "excellent" conduct and efficiency ratings throughout his tenure of service.  His military personnel records do not show any time lost or records of conviction by court-martial.  There is also no record of a commander's disqualification for award of the Army Good Conduct Medal or a bar to reenlistment. 
9.  A 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 awarding the applicant a Purple Heart.

10.  The applicant's name is on the Vietnam casualty roster as being injured during combat operations on 5 June 1969.  

11.  He provided a Purple Heart award certificate showing he was wounded in action while serving in the Republic of Vietnam. 
   
12.  References:

	a.  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 four campaigns:

* 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)

	b.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  This pamphlet shows that while the applicant was assigned to 42nd Artillery, his units were awarded the following awards:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966 to 28 July 1968 by Department of the Army General Order (DAGO) 11, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 to 31 October 1969, by DAGO 53, dated 1970
	
	c.  Army Regulation 672-5-1 (Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded to individuals who had completed a qualified 
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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's name is listed on the Vietnam casualty roster showing he was wounded by hostile fire on 5 June 1969.  Therefore, it would be appropriate to correct his DD Form 214 to show this award.

2.  Based on the applicant's “excellent” conduct and efficiency ratings and the absence of evidence showing disqualification, he completed a qualifying period of service from 9 August 1968 to 2 August 1971 for award of the Army Good Conduct Medal.  While he received an NJP during this period of service for a minor incident, it is not an automatic disqualifier.  As he has no record of a court-martial, bar to reenlistment or a commander's notice of disqualification for this award, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and correct his DD Form 214 to show this award.

3.  During the applicant's assignment in Vietnam, his 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.  Therefore, he is entitled to correction of his DD Form 214 to show these two unit awards.

4.  The applicant participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to four bronze service stars to be affixed to his previously-awarded Vietnam Service Medal.

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.  awarding him the Army Good Conduct Medal (1st Award) for the period 9 August 1968 to 2 August 1971;

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

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

* Purple Heart 
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation  




      _______ _   __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)                                         AR20100024513





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ABCMR Record of Proceedings (cont)                                         AR20100024513



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