IN THE CASE OF:	  

		BOARD DATE:	  26 May 2011

		DOCKET NUMBER:  AR20100028329 


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 that the Purple Heart and Bronze Star Medal be added to his DD Form 214 (Report of Transfer or Discharge). 

2.  The applicant states that, because neither award had been entered into his personnel file by the time he was separated, they were not entered onto his DD Form 214.

3.  The applicant provides copies of his DD Form 214, Purple Heart Certificate, and a 14 October 1970 memorandum from the company commander requesting the applicant be awarded the Bronze Star Medal.

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 and entered active duty on 2 June 1969.  He completed basic training and received accelerated advancement to pay grade 
E-2.  During advanced individual training in military occupational specialty 11B (Light Weapons Infantryman) he qualified as a marksman with the automatic rifle and as an expert with the machine gun.  He was posted to Vietnam in November 1969.

3.  The applicant served in Vietnam with 2nd Battalion, 506th Infantry, 101st Airborne Division from 18 November 1969 to 17 November 1970.  He was awarded the Combat Infantryman Badge on 20 January 1970 and promoted to sergeant (E-5) on 16 August 1970.

4.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 38 (Record of Assignments) – his conduct and efficiency ratings were all "excellent" throughout his period of active duty;

   b.  item 40 (Wounds) –Fragment wound to right arm on 11 May 70; and

	c.  item 41 (Awards and Decorations) - National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Expert M60 Machinegun, Marksman M16 Rifle, Marksman Automatic Rifle.

5.  Headquarters, 101st Airborne Division published general orders as follows:

* Number 5117 of 7 May 1970 awarded the applicant the Army Commendation Medal
* Number 6030 of 29 May 1970 awarded him the Purple Heart
* Number 6952 of 19 June 1970 awarded him the Air Medal
* Number 12155 of 1 October 1970 awarded him the Bronze Star Medal

6.  The applicant returned to the United States, was released from active duty on 1 June 1971, and was transferred to the U.S. Army Reserve Control Group (Reinforcement).  His DD Form 214 lists his authorized awards as the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal, Combat Infantryman Badge, and the Marksman Marksmanship Qualification Badge with Rifle Bar.

7.  The applicant appears to be eligible for the following awards that are not listed in the available records:

	a.  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 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.

   b.  Army Regulation 600-8-22 (Military Awards) states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  The campaigns that correspond to the applicant's tour of duty are the Vietnam Winter - Spring 1970 from 1 November 1969 through 30 April 1970, Sanctuary Counteroffensive from 1 May through 30 June 1970, and the Vietnam Counteroffensive Phase VII from 1 July 1970 through 30 June 1971.

	c.  Army Pamphlet 672-3 (Unit Citation Campaign Participation Credit Register) shows that the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Order Number 8 of 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states the Bronze Star Medal and the Purple Heart were not shown on his DD Form 214 because they had not been entered into his personnel record.

2.  General orders in his service record awarded him the Army Commendation Medal, Purple Heart, Air Medal, and the Bronze Star Medal that are not shown on his DD Form 214 or entered on his DA Form 20.

3.  The applicant's conduct and efficiency ratings were exclusively "excellent."  Considering this along with his promotion to sergeant and his personal decorations it is reasonable to presume that the failure to award him the Good Conduct Medal was an administrative oversight.  It should be awarded now.

4.  The applicant is also authorized other awards that are not shown on his DD Form 214.  These include three bronze service stars for wear on the Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Expert Marksmanship Qualification Badge with Machinegun Bar, and the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.

5.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records 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 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 the period 2 June 1969 through 1 June 1971;
   
   b.  deleting the entries in block 24 (Decorations, Medals, Badges, Commendations, Citations  and Campaign Ribbons Awarded or Authorized) of his DD Form 214; and 
   
   c.  showing in block 24 of his DD Form 214 that his authorized awards consist of the Bronze Star Medal, Purple Heart, Air Medal, Army Commendation Medal, Army Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with three bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Machinegun Bar, and the Marksman Marksmanship Qualification Badge with Automatic Rifle and Rifle Bars.




      ____________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)                                         AR20100028329





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ABCMR Record of Proceedings (cont)                                         AR20100028329



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