BOARD DATE:	  19 May 2011

		DOCKET NUMBER:  AR20100027795 


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 award of the Purple Heart, for wounds received on 6 November 1967 [sic] (8 November 1967) in Vietnam, and Army Good Conduct Medal.

2.  He states that he was air evacuated out of Vietnam for his wounds and never received the Purple Heart.  He would like to be considered for award of the Army Good Conduct Medal.  

3.  He provides:

* Standard Form 501 (Clinical Record - Narrative Summary)
* Medical Board Proceedings
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)

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 military records show he enlisted in the Regular Army, in pay grade E-1, on 23 July 1965, for 4 years.  He completed training and he was awarded military occupational specialty 11B (Light Weapons Infantryman).  

3.  He served in Vietnam from 4 October 1967 through 21 December 1967, during one campaign.  He was assigned to Company A, 2nd Battalion, 12th Cavalry, 1st Cavalry Division (Airmobile).  

4.  General Orders Number 171, issued by Headquarters, 85th Evacuation Hospital, on 12 November 1967, awarded him the Purple Heart for wounds received in action in Vietnam on 8 November 1967.

5.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal.

6.  He was honorably retired in pay grade E-5 on 8 August 1968 for temporary disability.  He was credited with completion of 3 years and 16 days of active service and no lost time.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 list no awards and contains the entry, " See 30."  Item 30 (Remarks) of this forms states he was separated from the service without service records.

8.  Item 41 (Awards and Decorations) of his DA Form 20 lists the following:

* National Defense Service Medal
* Vietnam Service Medal
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 caliber)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) 

9.  Army Regulation 672-5-1 (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 22 July 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

10.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  

11.  Army Regulation 600-8-22 also states the Republic of Vietnam Campaign Medal with Device (1960) is 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 and having contributed direct combat support to the Republic of Vietnam and Armed Forces. Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

12.  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 his unit, 2nd Battalion, 12th Cavalry, was cited for award of the:

* Valorous Unit Award, for the period 1 to 31 October 1967, by Department of the Army General Orders Number 39, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 9 August 1965 through 19 May 1969, by Department of the Army General Orders Number 59, dated 1969

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Purple Heart for wounds received in action in Vietnam on 8 November 1967.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  While in the Army, he attained the rank/grade of sergeant, pay grade E-5, he served in Vietnam and he was wounded as a result of hostile action, and he received "excellent" conduct and efficiency ratings throughout his service.  There is also no record of any disciplinary actions or a commander's disqualification for the Army Good Conduct Medal.  Therefore, he is entitled to the first award of the Army Good Conduct Medal for the period 23 July 1965 through 22 July 1968 and correction of his DD Form 214 to show this award.

3.  The evidence of record also shows he was authorized award of the National Defense Service Medal, Vietnam Service Medal, Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 caliber), and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is also entitled to correction to his DD Form 214 to show these awards.

4.  The evidence of record further shows he met also met the criteria for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, it would be appropriate to correct his records to show this award on his DD Form 214.

5.  The evidence of record shows he participated in one campaign phase while serving in Vietnam.  Therefore, he is entitled to one bronze service star for wear on his Vietnam Service Medal and correction of his DD Form 214 to show this bronze service star.

6.  General orders awarded his unit the Valorous Unit Award and Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. Therefore, his DD Form 214 should be corrected to show these unit awards.

7.  In view of the foregoing, his records should be corrected as recommended below.

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 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 the applicant the Army Good Conduct Medal (1st Award) for the period 23 July 1965 through 22 July 1968; 

	b.  adding to Item 24 of his DD Form 214 the:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 caliber)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

	c.  providing him a corrected document including these changes.



      _______ _  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)                                         AR20100027795





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100027795



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1