IN THE CASE OF:	  

		BOARD DATE:	  17 May 2011

		DOCKET NUMBER:  AR20100027727 


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.

2.  The applicant states he received the Purple Heart, but it's not shown on his DD Form 214.  The Department of Veterans Affairs (VA) will not accept the entry on his DA Form 20 (Enlisted Qualification Record) as a basis for changing his priority co-payment groups.

3.  The applicant provides copies of his DD Form 214 and DA Form 20 to substantiate his case.

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 11 September 1968 and completed training as an infantryman in military occupational specialty 11B.

3.  He served in Vietnam with Company A, 2nd Battalion, 12th Cavalry Regiment, 1st Cavalry Division (Airmobile), from 6 July 1969 to 15 February 1970.  He returned to the United States as a sergeant/E-5 and served at Fort Polk, Louisiana.

4.  The Vietnam casualty roster shows the applicant was wounded in action on 19 May 1969.  Item 40 of his DA Form 20 shows "fragment wound left arm" on the same date.

5.  His DA Form 20 shows no misconduct and item 38 (Record of Assignments) indicates his conduct and efficiency ratings were exclusively "excellent."

6.  The applicant was released from active duty on 10 September 1970 and transferred to the Army Reserve Control Group (Annual Training).  His DD Form 214 lists his authorized awards as abbreviations for the National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Vietnam Service Medal, Bronze Star Medal, Vietnam Cross of Gallantry, "UCM" [which apparently was meant to be "VCM" for Vietnam Campaign Medal], and Air Medal.

7.  In addition to the Purple Heart that is not shown on his DD Form 214, the applicant was also awarded the Combat Infantryman Badge by 1st Cavalry Division Special Orders Number 92, dated 2 April 1969; Army Commendation Medal with "V" Device for heroism by 1st Cavalry Division General Orders Number 16675, dated 26 December 1969; and 2nd Class Gunner Badge with Machine Gun Bar (M-60) [now known as the Marksman Marksmanship Qualification Badge Machine Gun Bar (M-60)].

8.  The other germane award information is as follows:

	a.  Army Regulation 672-5-1 (Decorations and 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 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.

	b.  Army Regulation 600-8-22 (Military Awards) provides that the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam between 3 July 1965 and 28 March 1973.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  Designated campaign periods include Vietnam Summer-Fall 1969 (9 June-31 October 1969) and Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970).

	c.  Army Regulation 600-8-22 also lists the proper name for the Vietnam Campaign Medal as the Republic of Vietnam Campaign Medal with Device (1960).  It was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service of at least 6 months during the period 1 March 1961 through 28 March 1973.

	d.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that 2nd Battalion, 12th Cavalry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period May 1969 through February 1970 by Department of the Army General Order (DAGO) Number 11, dated 1973, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 through 1 February 1970 by DAGO Number 42, dated 1972.

9.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing various official forms, including the DD Form 214.  The current instructions specifically state to list awards in priority sequence and do not use abbreviations.

DISCUSSION AND CONCLUSIONS

1.  The applicant states he received the Purple Heart, but it's not on his DD Form 214.  The VA will not accept the entry on his DA Form 20 as a basis for changing his priority co-payment groups.

2.  He was wounded in action on 19 May 1969.  He indicates he was awarded the Purple Heart, but it is not shown on his DD Form 214.

3.  The applicant distinguished himself during a qualifying period of active duty enlisted service as evidenced by his exclusively "excellent" conduct and efficiency ratings, his promotion to sergeant (E-5), and his personal decorations.  Failure to award him the Army Good Conduct Medal is an administrative oversight.  He should be awarded the Army Good Conduct Medal (1st Award).

4.  The applicant was also awarded the Army Commendation Medal with "V" Device, Combat Infantryman Badge, and 2nd Class Gunner Badge with Machine Gun Bar (M-60) that are not shown on his DD Form 214.

5.  He served in Vietnam during the Vietnam Summer-Fall 1969 and Vietnam Winter-Spring 1970 campaigns and is authorized to wear two bronze service stars on the Vietnam Service Medal.

6.  The applicant was authorized the Republic of Vietnam Campaign Medal with Device (1960).

7.  He is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

8.  The applicant's DD Form 214 does not list all of his awards, those listed are shown as abbreviations, and one entry is apparently a typographical error.

9.  All his authorized awards should be properly listed on his DD Form 214.

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 11 September 1968-10 September 1970;

	b.  issuing a DD Form 215 (Correction to DD Form 214) voiding all entries in item 24 of his DD Form 214; and

	c.  showing his authorized awards are the Bronze Star Medal, Purple Heart, Air Medal, Army Commendation Medal with "V" Device, Army Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar (M-14), and 2nd Class (Marksman) Marksmanship Qualification Badge with Machine Gun Bar.



      ___________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)                                         AR20100027727



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ABCMR Record of Proceedings (cont)                                         AR20100027727



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