BOARD DATE:	  28 July 2011

		DOCKET NUMBER:  AR20110001124 


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 the Purple Heart and Air Medal.

2.  The applicant states he was wounded in the summer of 1969 in Vietnam by a land mine.  He was hospitalized and received the Purple Heart while in the hospital.  He was also awarded the Air Medal.  Neither award is shown on his
DD Form 214.

3.  The applicant provides his DD Form 214 and orders awarding him the Air 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's records show he was inducted into the Army of the United States on 23 May 1968 and he held military occupational specialty 11B (Light Weapons Infantryman).  He served in Vietnam with Company A, 4th Battalion, 31st Infantry, from 18 October 1968 to 24 December 1969.  

3.  On 27 January 1969, Headquarters, 27th Surgical Hospital, published General Orders Number 17 awarding him the Purple Heart for wounds received in action in Vietnam on 26 January 1969.

4.  On 22 August 1969, Headquarters, Americal Division, published General Orders Number 8327 awarding him the Air Medal for meritorious achievement in Vietnam from 12 November 1968 to 15 June 1969.

5.  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 25 December 1969 and he was transferred to the U.S. Army Reserve to complete his remaining service obligation.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Army Commendation Medal
* Vietnam Campaign Medal with "1960" Device
* Two Overseas Service Bars
* Marksman Marksmanship Qualification Badge with Machinegun Bar
* (M-60)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

6.  A review of the applicant's records show entitlement to additional awards and decorations that are not shown on his DD Form 214.

7.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Furthermore, item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings during his military service.

8.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his period of service in Vietnam, the 4th Battalion, 31st Infantry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 2 November 1968 to 24 December 1969 based on Department of the Army General Orders Number 2, dated 1971.

10.  Appendix B of Army Regulation 600-8-22 shows that during his service in Vietnam participation credit was awarded for the below campaigns. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star denotes five bronze service stars:

* Vietnam Counteroffensive, Phase V, 1 July to 1 November 1968
* Vietnam Counteroffensive, Phase VI, 2 November 1968 to 22 February 1969.
* Tet 69 Counteroffensive, 23 February to 8 June 1969
* Vietnam Summer-Fall 1969, 9 June to 31 October 1969
* Vietnam Winter-Spring 1970, 1 November 1969 to 30 April 1970.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Purple Heart and the Air Medal which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show both awards.  

2.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his records; therefore, he is entitled to correction of his records to show this unit award.

3.  He served honorably during the period 23 May 1968 through 25 December 1969.  He attained the rank of SP4/E-4, served in Vietnam, received multiple combat awards, and received "excellent" conduct and efficiency ratings throughout his military service.  Absent any derogatory information on file that would have disqualified him, it would be appropriate to award him the Army Good Conduct Medal (1st Award) based on completion of qualifying service ending with the termination of a period of Federal military service.  His DD Form 214 should also be corrected to show this award.


4.  He was awarded the Vietnam Service Medal.  Additionally, he participated in five campaigns while serving in the Republic of Vietnam; therefore, he is entitled to a silver service star to be affixed to his already-awarded Vietnam Service Medal.

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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 23 May 1968 through   25 December 1969
* adding to his DD Form 214 the:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Air Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* A silver service star to be affixed to his already-awarded Vietnam Service Medal



      _______ _   _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)                                         AR20110001124



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ABCMR Record of Proceedings (cont)                                         AR20110001124



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