IN THE CASE OF:	  

		BOARD DATE:	5 July 2011  

		DOCKET NUMBER:  AR20110000121 


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 award of the Purple Heart.

2.  The applicant states that on 15 December 1970 he was awarded the Purple Heart for wounds he received in action on 3 November 1970. 

3.  The applicant provides his Purple Heart Certificate and a copy of a photograph showing him receiving the award.

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 
12 June 1969.  He completed training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  His DD Form 214 shows he was honorably released from active duty effective 27 April 1971 as a sergeant/E-5.  He had completed 1 year, 10 months, and 
16 days of total active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar 

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

	a.  item 38 (Record of Assignments) - in Vietnam he was assigned to Company B, 2d Battalion, 60th Infantry, 3d Brigade, 9th Infantry Division from 
12 June through 7 October 1970, and to Headquarters and Headquarters Company, 506th Infantry from 8 October 1970 through 20 April 1971.  He received "excellent" conduct and efficiency ratings throughout his service.

	b.  item 39 (Campaigns) -  Campaign Unnamed.
	
	c.  Item 40 (Wounds) - gunshot wound to left arm on 3 November 1970.

	d.  item 41 (Awards and Decorations) the:

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar

5.  His available records do not contain orders for the Purple Heart.

6.  The applicant provided his certificate showing he was awarded the Purple Heart for wounds received in action on 3 November 1970.

7.  His name is listed on the Vietnam casualty roster with a date of casualty of
3 November 1970 under Casualty Status code 26, which indicates he was, "hostile wounded in action - not serious - hospitalized (Non Notify)."

8.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal orders for the Purple Heart pertaining to the applicant.

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 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.  

10.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It 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, the applicant participated in the following two campaigns:

* Sanctuary Counteroffensive                        1 May - 30 June 1970
* Vietnam Counteroffensive Phase VII          1 July 1970 - 30 June 1971

11.  AR 600-8-22 also states the Republic of Vietnam Campaign Medal with Device (1960) was 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.

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 that units the applicant was assigned to in Vietnam were cited for awards as follows:

     a.  2d Battalion, 60th Infantry - the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 29 July 1969 - 20 July 1970 by Department of the Army General Orders (DAGO) Number 55, dated 1971, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 26 July 1969 - 20 July 1970 by DAGO Number 55, dated 1971.

     b.  1st Battalion, 506th Infantry - the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March - 9 October 1971 by DAGO Number 6, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant was wounded as a result of hostile action, as corroborated by his name being listed on the Vietnam casualty roster, gunshot wound to left arm entry in item 40 of his DA Form 20, and by his Purple Heart certificate.  

2.  The applicant's records show he distinguished himself in the performance of his military service as evidenced by his "excellent" conduct and efficiency ratings and honorable discharge.  There is no record of conviction by a court-martial or other evidence of disqualification.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

3.  The available record reflects he participated in two designated campaigns during his service in the Republic of Vietnam; therefore, he is authorized two bronze service stars to be worn on his Vietnam Service Medal.

4.  Records show the applicant served during a qualifying period for the Republic of Vietnam Campaign Medal with Device (1960).  

5.  During the applicant's assignments to his units in Vietnam, they were cited for two awards of the Republic of Vietnam Cross of Gallantry with Palm Unit Citation and one award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

6.  The applicant's DD Form 214 should be corrected to show these awards.

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 first award of the Army Good Conduct Medal for the period 12 June 1969 through to 27 April  1971,

     b.  deleting the Vietnam Service Medal from item 24 of his DD Form 214; and

     c.  adding to item 24 of his DD Form 214 the:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* 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 (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20100006875



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ABCMR Record of Proceedings (cont)                                         AR20110000121



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