IN THE CASE OF:
BOARD DATE: 4 May 2011
DOCKET NUMBER: AR20100026256
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 his records be corrected to show award of the Purple Heart and the Good Conduct Medal.
2. The applicant states he was wounded in the left arm in 1968 and he was issued the Purple Heart. He also states he rushed through separation processing at the time of discharge and he did not realize the Purple Heart and Good Conduct Medal were not listed on his DD Form 214 (Report of Transfer or Discharge).
3. The applicant provides a copy of his DD Form 214.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant served in the Regular Army from 18 October 1966 to 20 July 1968, initially in military occupational specialty MOS 13B (Field Artillery - Cannon Crewman) and later MOS 13F (Automatic Weapons Crewman).
3. He served in Vietnam with Battery C, 8th Battalion, 4th Artillery Regiment, from 24 July 1967 through 5 December 1967, and with Battery G (MG), 65th Artillery Regiment, from 6 December 1967 through 14 July 1968.
4. Headquarters, 1st Battalion (AW) (SP), 44th Artillery General Orders Number 12, dated 6 June 1968, awarded the applicant the Good Conduct Medal.
5. The applicant's DA Form 20 (Enlisted Qualification Record) shows in:
a. item 39 (Campaigns) Vietnam Counteroffensive Phase III;
b. item 40 (Wounds) "Shrapnel left forearm, 7 February 1968"; and
c. item 41 (Awards and Decorations) the Vietnam Service Medal, National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Good Conduct Medal (1st Award), and Expert Marksmanship Qualification Badge with Rifle Bar.
6. His 20 July 1968 DD Form 214 lists his awards as the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal, and Expert Marksmanship Qualification Badge with
(M-14 Rifle) and (M-16 Rifle) Bars.
7. A review of the Vietnam Casualty List shows the applicant's name at line 152,813. It shows he was wounded on 7 February 1968 with a description of "Hostile Wounded In Action: Not Serious Not Hospitalized."
8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document does not show the applicant's units were cited for any unit or foreign awards.
9. Department of the Army General Orders Number 8, dated 1971 authorized award the Republic of Vietnam Gallantry Cross with Palm Unit Citation to units not otherwise cited for this award.
10. Army Regulation 600-8-22 (Military Awards) states that a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal. The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal. Based on the applicant's dates of service in Vietnam, Appendix B indicates he participated during the following four campaign periods: the Counteroffensive Phase III, 1 June 1967 - 29 January 1968; Tet Counteroffensive, 30 January 1968 - 1 April 1968; Counteroffensive Phase IV, 2 April 1968 - 30 June 1968; and the Counteroffensive Phase V, 1 July 1968 - 1 November 1968.
DISCUSSION AND CONCLUSIONS:
1. The applicant was wounded in action on 7 February 1968. This wound is recorded on both his DA Form 20 and the Vietnam Casualty List. It is reasonable to accept that the applicant was properly awarded the Purple Heart, but it is not recorded on his DA Form 20 or DD Form 214.
2. The applicant was awarded the Good Conduct Medal on 6 June 1968. Therefore, it should be added to his DD Form 214.
3. In addition to the awards listed on the applicant's DD Form 214 he is also authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. It should be added to his DD Form 214.
4. The applicant served in Vietnam during four campaign periods and he is authorized to wear four bronze service stars on his previously-awarded Vietnam Service Medal. His DD Form 214 should be corrected to show these bronze service stars.
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
adding to item 24 of his DD Form 214: the Purple Heart, Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four bronze service stars to be worn on his previously-awarded Vietnam Service 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) AR20100026256
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100026256
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080009582
The applicant provided an award certificate, dated 28 May 1968, which shows he was awarded the Purple Heart for wounds received in action on 20 May 1968 in the Republic of Vietnam. His DD Form 214 shows the National Defense Service Medal, the Republic of Vietnam Campaign Medal, and the Vietnam Service Medal as authorized awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds...
ARMY | BCMR | CY2009 | 20090020046
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show three awards of the Purple Heart and one award of the Army Commendation Medal. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that, at the time of the applicants assignment to the 2nd Battalion, 4th Artillery, 9th Infantry Division, this unit was cited for the following four awards: * Valorous Unit Award for...
ARMY | BCMR | CY2010 | 20100022916
A review of the applicant's records indicates his entitlement to additional awards which are not listed on his records. The evidence of record shows he was awarded the Vietnam Service Medal. The evidence of record shows he was awarded various awards throughout his military service which are not shown on his retirement DD Form 214 for the period ending on 31 October 1973.
ARMY | BCMR | CY2008 | 20080008382
Therefore, his records should be corrected to show this award. Therefore, his records should be corrected to show this award. 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 for the period from 13 March 1967 to 12 March 1969; b. deleting from Item 24 of his DD Form 214: Bronze Star Medal w/"V" Device; and c. showing, in Item 24 of his DD Form 214, that in addition to the...
ARMY | BCMR | CY2009 | 20090019942
The evidence of record shows the applicant was awarded the Vietnam Service Medal. Therefore, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal based on completion of a qualifying period of Federal military service and correction of his records to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Purple Heart for wounds received in...
ARMY | BCMR | CY2011 | 20110018030
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 * Republic of Vietnam Campaign Medal with Device (1960) * Army Commendation Medal * Bronze Star Medal * Parachutist Badge 10. Furthermore, item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his...
ARMY | BCMR | CY2004 | 2004106157C070208
Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, shows he was awarded: the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal. Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, which lists unit awards received by...
ARMY | BCMR | CY2003 | 2003086317C070212
Block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, shows that he was awarded the following: National Defense Service Medal; Vietnam Service Medal with 4 bronze service stars; the Republic of Vietnam Campaign Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards...
ARMY | BCMR | CY2008 | 20080019782
Therefore, it would be appropriate to award the applicant the first award of the Good Conduct Medal and correction of his records to show this award. Record shows the applicant was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds received on 2 October 1967 and the Army Good Conduct Medal (first award) for the period 8 November 1966 through 14...
ARMY | BCMR | CY2010 | 20100015464
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 with bronze service star * Republic of Vietnam Campaign Medal with Device (1960) * two Overseas Service Bars * Sharpshooter Marksmanship Qualification Badge [no weapon specified] 3. Evidence shows the applicant received two awards of the Army Commendation Medal, of which one was with the "V" Device. ...