IN THE CASE OF:	  

		BOARD DATE:	  22 February 2011

		DOCKET NUMBER:  AR20110000178 


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 his Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states he received his Purple Heart after he was separated.  When he attempted to purchase Purple Heart license plates for his vehicle, he found out it wasn't on his DD Form 214.

3.  The applicant 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 for 2 years on 9 November 1967.

3.  The applicant was trained in military occupational specialty (MOS) 11D (Armored Intelligence Specialist).  Following Noncommissioned Officer Candidate training, he was promoted to sergeant.  He served in Vietnam from 22 September 1968 to 12 September 1969 with Troop G, 2nd Squadron, 11th Armored Cavalry Regiment.

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in item 41 (Awards and Decorations) that he was awarded:

* National Defense Service Medal
* Combat Infantryman Badge (by Special Orders 330, Headquarters, 11th Armored Cavalry Regiment)
* Vietnam Service Medal
* Vietnam Campaign Medal with Device (1960)
* two overseas service bars
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

5.  The applicant's DA Form 20 also shows in item 38 (Record of Assignments) that he received uniformly "excellent" conduct and efficiency ratings.

6.  General Orders Number 114, Headquarters, 11th Armored Cavalry Regiment, dated 27 August 1969, awarded the applicant the Purple Heart.

7.  The applicant's DD Form 214 shows the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal

8.  During the processing of this case, a member for the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any additional award orders on file for the applicant.

9.  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 the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 May 1969 to 15 February 1970 by Department of the Army General Orders Number 50, dated 1971.

10.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy, and instructions concerning individual military awards, the Army Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides:

	a.  During Vietnam, 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 the 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.  

	b.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.

11.  During the applicant's tenure in Vietnam, there were four named campaigns.

DISCUSSION AND CONCLUSIONS:

1.  The applicant wants his Purple Heart added to his DD Form 214.  General orders awarded him the Purple Heart for wounds received on 12 August 1969.  The Purple Heart should be added to his DD Form 214.

2.  The applicant distinguished himself by his conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  He is entitled to award of the Army Good Conduct Medal for the period 9 November 1967 through 13 September 1969.  This award should be added to his DD Form 214.

3.  The applicant is entitled to other awards which do not appear on his DD Form 214.  He is entitled to:

* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* four bronze service stars for his Vietnam Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
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:

* awarding him the Army Good Conduct Medal for the period 9 November 1967 through 13 September 1969
* deleting all awards from his DD Form 214
* adding to his DD Form 214:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* 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)                                         AR20110000178



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ABCMR Record of Proceedings (cont)                                         AR20110000178



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