IN THE CASE OF:	  

		BOARD DATE:	  24 May 2011

		DOCKET NUMBER:  AR20100028154


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 all awards to which he is entitled.

2.  The applicant states his DD Form 214 does not show his award of the Purple Heart (PH), Vietnam Service Medal (VSM), Republic of Vietnam Campaign Medal (RVNCM), and possibly other awards he is entitled to.

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 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 record shows he was inducted into the Army of the United States on 12 January 1967.  His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 24 June 1967 to 13 June 1968, while assigned with Company B, 2nd Battalion, 5th Cavalry Regiment.

3.  Item 38 of the DA Form 20 also shows his receipt of "excellent" conduct and efficiency ratings at each of his active duty assignments.  His Official Military Personnel File (OMPF) is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the AGCM.

4.  Item 40 (Wounds) of his DA Form 20 shows he sustained a laceration to his left arm on 9 May 1968 and item 41 (Awards and Decorations) includes the following awards: 

* National Defense Service Medal (NDSM)
* Bronze Star Medal (BSM)
* Air Medal (AM)
* Vietnam Service Medal
* RVNCM with Device 1960
* Combat Infantryman Badge

5.  Headquarters, 1st Cavalry Division published orders on the dates indicated announcing the applicant's award of the following:

* Special Orders Number (#) 340 dated 6 December 1967 - (CIB)
* General Orders # 270 dated 13 January 1968 - (AM)
* General Orders # 5297 dated 21 June 1968 - (BSM)

6.  The applicant's OMPF contains Air Force (AF) Form 565-4 (Clinical Record Cover Sheet) dated 13 July 1968.  It shows his left clavicle was fractured when his helicopter was shot down near Dang Ha, RVN on 9 May 1968.

7.  His OMPF is void of any orders or other documents that indicate he was ever recommended for or awarded the PH by proper authority while serving on active duty.

8.  On 20 December 1968, the applicant was honorably released from active duty after completing 1 year, 11 months, and 9 days of active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the NDSM.

9.  Review of the Vietnam casualty roster shows the applicant's name is listed as a casualty on 12 May 1969 under casualty status code "24."  This casualty code refers to "hostile wounded in action, not serious, hospitalized."

10.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 2-8 contains the regulatory guidance pertaining to award of the PH.  It states that in order to support award of the PH there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by medical personnel, and a record of this medical treatment must have been made a matter of official record.

11.  Paragraph 2-13 of the awards regulation contains guidance on the VSM and 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 participation credit was awarded for the following five campaigns:

* Vietnam Counteroffensive Phase III
* TET Counteroffensive
* Vietnam Counteroffensive Phase IV

12.  Army Regulation 672-5-1 (Awards) 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.

13.  Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all units assigned to the RVN from 8 February 1962 through 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his record should reflect all awards to which he is entitled.

2.  The applicant's BSM, AM, and CIB are listed on his DA Form 20 and official orders were published announcing these awards.  Therefore, it would be appropriate to add these awards to his DD Form 214.

3.  The AF Form 565-4 confirms the applicant was wounded in action and received medical treatment for this wound when the helicopter he was riding on was shot down while serving in the RVN.  Additional evidence of this 9 May 1968 wound is reflected in item 40 of his DA Form 20 and the RVN Vietnam casualty roster.  As a result, his claim of his being awarded the PH is corroborated.

4.  The evidence of record confirms the applicant received no less than “excellent” conduct and efficiency ratings at each of his active duty assignments as evidenced by his DA Form 20.  In addition, his OMPF is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  As a result, it would be appropriate to award him the AGCM for his qualifying period of honorable active duty service from 12 January 1967 through 20 December 1968 and to add this award to his record and DD Form 214 at this time.

5.  The DA Form 20 currently documents the applicant's VSM and RVNCM with Device 1960.  However, based on his service and campaign participation in the RVN, he is also entitled to the 3 bronze service stars with his already-awarded VSM and RVN Gallantry Cross with Palm Unit Citation and none of these awards are currently listed on his DD Form 214.  Accordingly, it would be appropriate to add all of these awards to 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 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 for his qualifying period of honorable service from 12 January 1967 to 20 December 1968;

	b.  adding the following awards to item 24 of his DD Form 214:

* Purple Heart
* Vietnam Service Medal with 3 bronze service stars
* Army Good Conduct Medal
* Bronze Star Medal
* Air Medal
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device 1960
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

	c.  issuing him a correction to his DD Form 214 to show these awards.



      ___________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)                                         AR20100028154



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ABCMR Record of Proceedings (cont)                                         AR20100028154



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