BOARD DATE: 5 July 2011
DOCKET NUMBER: AR20100030030
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 to his DD Form 214 (Armed Forces of the United Report of Transfer or Discharge) to show award of the Purple Heart.
2. He states he is applying for medical benefits administered by the Department of Veterans Affairs.
3. He provides no additional evidence.
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 16 July 1969. He completed training and he was awarded military occupational specialty 11B (Light Weapons Infantryman). He served in Vietnam from 26 June 1970 through 26 May 1971 during two campaigns. He was assigned to Company A, 1st Battalion, 6th Infantry, 198th Brigade.
3. General Orders Number 1813 issued by Headquarters, 23rd Infantry Division, dated 12 February 1971, awarded him the Purple Heart for wounds received in action in Vietnam on 9 February 1971.
4. 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.
5. He was honorably released from active duty in pay grade E-5 on 31 May 1971 as an overseas returnee and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation.
6. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the National Defense Service Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16, Combat Infantryman Badge, Republic of Vietnam Campaign Medal, Vietnam Service Medal, and two overseas service bars.
7. 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 the 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. There must have been no convictions by a court-martial.
8. Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized with the Vietnam Service Medal for each campaign a member is credited with participating in.
9. Department of the Army General Orders Number 8, dated 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant was awarded the Purple Heart for wounds received in action in Vietnam on 9 February 1971. Therefore, he is entitled to correction of his DD Form 214 to show this award.
2. He attained the grade of E-5, he served in Vietnam, he was wounded as a result of hostile action, and he received "excellent" conduct and efficiency ratings throughout his service. There is 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 16 July 1969 through 31 May 1971 and correction of his DD Form 214 to show this award.
3. The evidence of record shows he participated in two campaigns while serving in Vietnam. Therefore, he is entitled to two bronze service stars for wear on his Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.
4. General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. Therefore, his DD Form 214 should be corrected to show this unit award.
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 the applicant the Army Good Conduct Medal (1st Award) for the period 16 July 1969 through 31 May 1971,
b. deleting the Vietnam Service Medal from item 24 of his DD Form 214, and
c. adding the following awards to item 24 of his DD Form 214:
* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
_____________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) AR20100030030
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ABCMR Record of Proceedings (cont) AR20100030030
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