IN THE CASE OF:	  

		BOARD DATE:	  4 August 2011

		DOCKET NUMBER:  AR20110002108 


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 the following awards be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 20 February 1968:

* two additional Purple Hearts
* Air Medal
* Army Good Conduct Medal
* campaign stars for his Vietnam Service Medal
* Meritorious Unit Commendation (Army) with Oak Leaf Cluster

2.  The applicant states he was wounded in January 1967, in September or October 1967, and in January 1968.  He received two Purple Hearts in Vietnam and a third one in the mail 1 1/2 years later.  

3.  The applicant provides:

* his DD Form 214
* 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.  He was inducted into the Army of the United States on 6 January 1966.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  He had previously served 4 years, 1 month, and 17 days in the Oklahoma Army National Guard.

3.  On 21 April 1966, he was tried before a special court-martial.  He pled guilty and was found guilty of being absent without leave (AWOL) from on or about 
19 March to on or about 8 April 1966.  His sentence consisted of a forfeiture of $83 per month for 6 months and 6 months confinement.  The sentence was approved on 2 May 1966.  On 20 May 1966, the unexecuted portion of the sentence to confinement was suspended for 5 months.

4.  He was assigned to C Company, 3rd Battalion, 60th Infantry from 17 June 1967 to 19 February 1968 in the Republic of Vietnam.

5.  Headquarters, 9th Infantry Division issued the following orders:

* General Orders Number 6171, dated 13 November 1967, awarding him the Purple Heart for wounds received on 31 October 1967
* General Orders Number 2479, dated 17 April 1968, awarding him the Air Medal for the period from 6 June to 20 November 1967

6.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) contains the entry "Torn left eardrum."  The entry is dated 31 October 1967.  

7.  On  20 February 1968, he was released from active duty.  He had completed 
1 year, 11 months, and 23 days of active service that was characterized as honorable.   He had 52 days time lost.

8.  Item 24 (Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or is authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Purple Heart
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

9.  He is listed on the Vietnam casualty listing once.  The listing shows his casualty status as hostile, wounded in action, not serious, not hospitalized.  The listing reports the date of casualty as 31 October 1967.

10.  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 United States Army Human Resources Command, failed to reveal any orders awarding him the Purple Heart.

11.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows he served in the:  

* Vietnam Counteroffensive, Phase III Campaign (1 June 1967 - 29 January 1968) 
* Tet Counteroffensive Campaign (30 January 1968 - 1 April 1968)

12.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.  This pamphlet shows that, during the time of the applicant’s assignment to the 3rd Battalion, 60th Infantry the unit received the:

* Presidential Unit Citation (Army) - 29 January - 4 March 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation - 
1 December 1966 - 30 June 1968
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation - 19 December 1966 - 28 June 1969

13.  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
* 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. Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by court-martial.

14.  Army Regulation 600-8-22 states an award of the Army Good Conduct Medal made for any authorized period of less than 3 years must be for the total period of obligated active Federal Military service.  This applies to first award only, all other awards of the Army Good Conduct Medal require 3 full years qualifying service.  Conviction by a court-martial terminates a period of qualifying service.  A new period begins the day after completion of the sentence imposed by the court-martial.

15.  Army Regulation 600-8-22 authorizes award of a bronze service star based on qualifying service for each campaign listed in Appendix B of this regulation.  The regulation states that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.  

DISCUSSION AND CONCLUSIONS:

1.  Orders show he was awarded the Air Medal.   Therefore, this award should be added to his DD Form 214.

2.  The orders from Headquarters, 9th Infantry Division, his DA Form 20, and the Vietnam casualty listing all show he was wounded by hostile action on 
31 October 1967.  ADCARS does not show any orders awarding him the Purple Heart.  The only documented award of the Purple Heart is for wounds he received on 31 October 1967.  Therefore, there is insufficient substantive evidence to award two additional Purple Hearts requested by the applicant.

3.  He was convicted by a special court-martial during the first 3 years of his obligated service.  He no longer qualified for award of the Army Good Conduct Medal based on having served over one year of service and terminating his service.  His new period, 3 years, of eligibility started on 22 October 1966 based on his completion of the sentence of the court-martial.  Therefore, he is not eligible for the award of the Army Good Conduct Medal.

4.  DA Pamphlet 672-3 does not show the 3rd Battalion, 60th Infantry was awarded the Meritorious Unit Commendation (Army).  However, the pamphlet does show that during the period he was assigned to the 3rd Battalion, 60th Infantry it was awarded the:


* Presidential Unit Citation (Army)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

Therefore, these three awards should be added to his DD Form 214.

5.  He participated in two campaigns in the Republic of Vietnam.  Therefore, he is authorized two bronze service stars to be worn on his Vietnam Service Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X_____  ____X___  ____X__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 24 of his DD Form 214 with an effective date of 20 February 1968 to add the:

* Air Medal
* Presidential Unit Citation (Army)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to additional awards of the 

Purple Heart, the Army Good Conduct Medal, and the Meritorious Unit Commendation (Army) with Oak Leaf Cluster.  




      _________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)                                         AR20110002108





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ABCMR Record of Proceedings (cont)                                         AR20110002108



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