IN THE CASE OF:	  

		BOARD DATE:	  12 April 2011

		DOCKET NUMBER:  AR20100025063 


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 awards of the Purple Heart, Army Commendation Medal with "V" Device, and the Vietnam Cross of Gallantry (properly known as the Republic of Vietnam Gallantry Cross with Palm Unit Citation).

2.  The applicant states he believes these awards were just not added (to his DD Form 214) at his discharge.

3.  The applicant provides:

* DD Form 214
* DA Form 20 (Enlisted Qualification Record)
* Three orders
* Two award certificates
* Two letters
* Computer printout titled Vietnam Cross of Gallantry

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's records show he enlisted in the Regular Army on 17 July 1968 and he held military occupational specialty 91B (Medical Specialist).  He served in Vietnam from 12 January 1969 to 1 March 1969 while assigned to the 1st Battalion, 27th Artillery.  He was medically evacuated from Vietnam on 1 March 1969 and assigned in a patient status to the 257th Patient Casualty Detachment, Ryukyu Islands. 

3.  Headquarters, 12th Evacuation Hospital General Orders (GO) Number 50, dated 24 February 1969, awarded him the Purple Heart for wounds received in hostile action on 23 February 1969.

4.  Headquarters, U.S. Army Vietnam GO Number 1480, dated 27 April 1969, awarded him the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile force while assigned to the 1st Battalion, 23rd Artillery, on 23 February 1969.  The orders cited this reason:

[Applicant] distinguished himself by valorous actions during a rocket, mortar, and ground attack on Dau Tieng Base Camp.  Learning that several men in a perimeter bunker were surrounded by the Viet Cong and had requested medical aid, he and another medic volunteered to go to their assistance.  As they approached the stricken element, the armored personnel carrier in which they were riding was struck by an enemy rocket-propelled grenade.  He and his comrade were both wounded and were taken to the besieged bunker where they remained until evacuated several hours later. 

5.  He was honorably released from active duty on 24 July 1971 in the rank/grade of specialist four (SP4)/E-4 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining Reserve obligation.  He completed 3 years of creditable active service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Armed Forces Expeditionary Medal (Korea), and the Army Commendation Medal. 
7.  Item 29 (Qualification in Arms) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) on 23 August 1968 and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) on 20 December 1968.

8.  His record reveals he received nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice on 3 November 1970 for being absent without leave (AWOL) from 21 to 29 October 1970.  He has no record of a court-martial conviction that would disqualify him for award of the Army Good Conduct Medal.  Furthermore, Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.  

9.  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, 27th Artillery this unit was cited for award of the:

* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (12 April 1967 - 21 January 1970), by Department of the Army General Orders (DAGO) Number 51, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (1 September 1968 - 30 September 1970), by DAGO Number 5, dated 1973

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

11.  Army Regulation 600-8-22 (Military Awards) states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing 6 months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

12.  Army Regulation 600-8-22 states 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, he participated in the following two campaigns:  Vietnam Counteroffensive, Phase VI (2 November 1968 - 22 February 1969) and TET 69 Counteroffensive (23 February 1969 - 8 June 1969).

DISCUSSION AND CONCLUSIONS:

1.  General Orders awarded him the Purple Heart for wounds received in hostile action on 23 February 1969 which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his records to show this award.

2.  General Orders awarded him the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile force on 23 February 1969.  As his DD Form 214 shows this award as the Army Commendation Medal, he is entitled to correction of his DD Form 214 to show the Army Commendation Medal with "V" Device.

3.  The evidence of record shows, except for the 9 days of AWOL, he served honorably from 17 July 1968 through 24 July 1971.  He served in Vietnam, received an Army Commendation Medal with "V" Device for heroism during combat, received "excellent" conduct and efficiency ratings throughout his military service, and attained the rank/grade of SP4/E-4.  Except for the NJP, his record is void of any other derogatory that would have disqualified him from receiving his first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of a qualifying period of Federal military service and correct his records to show this award.

4.  The evidence of records confirms he participated in two campaigns while serving in Vietnam.  Therefore, he is entitled to award of two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his records accordingly.

5.  He was awarded the Vietnam Service Medal and was medically evacuated prior to completing 6 months of service due to wounds resulting from hostile action.  Therefore, he is entitled to the award of the Vietnam Campaign Medal with Device (1960) and correction of his records to show this award.

6.  General orders awarded his unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit during the period he was assigned to the unit.  Therefore, he is entitled to correction of his records to show these unit awards.

7.  He was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and the Marksman Marksmanship Qualification Badge with Rifle Bar    (M-16) which is not show on his DD Form 214.  Therefore, he is entitled to correction of his records to show these badges.

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 exemplary behavior, efficiency, and fidelity during the period 17 July 1968 through 24 July 1971;

	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, Army Commendation Medal with "V" Device, Army Good Conduct Medal (1st Award),Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with (1960) Device, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).



      _______ _   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)                                         AR20100025063



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ABCMR Record of Proceedings (cont)                                         AR20100025063



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