IN THE CASE OF:	 

		BOARD DATE:	2 August 2011

		DOCKET NUMBER:  AR20110002517



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 any unit citations for his duty in Vietnam in 1967 and 1968.  He also requests award of the Purple Heart for his Agent Orange prostate cancer.

2.  The applicant states he has been told his unit was awarded the Presidential Unit Citation. 

3.  The applicant provides a copy of his DD Form 214.
 
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.  Following prior service in the New Mexico Army National Guard, the applicant enlisted in the Regular Army on 20 January 1967 for a period of 3 years.  He completed training and he was awarded military occupational specialty (MOS) 63B (Wheeled Vehicle Mechanic).

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

	a.  item 38 (Record of Assignments) he was in Vietnam assigned to:

		(1)  167th Signal  Company, 54th Signal Battalion from 10 March 1967 through 29 February 1968;

		(2)  Headquarters and Headquarters Troop, 2d Squadron, 17th Cavalry, 101st Airborne Division from 25 November 1968 through 28 May 1969; and

		(3)  A Troop, 2d Squadron, 17th Cavalry, 101st Airborne Division from 
29 May 1969 through 13 November 1969.

	b.  item 38 he received "excellent" conduct and efficiency ratings throughout his service.

	c.  item 40 (Wounds), no entry. 

	d.  item 41 (Awards and Decorations) the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Air Medal
* Aircraft Crewman Badge
 
4.  The applicant's DD Form 214 shows he was honorably discharged on 
19 November 1969.  He completed 3 years, 2 months, and 17 days of total active service for that period.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the same awards as listed on his DA Form 20, except for the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

6.  There is no evidence of any disciplinary actions against the applicant or a commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal.

7.  His service medical records are not available for review.  His name does not appear on the Vietnam casualty listing.

8.  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 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), paragraph 2-13, 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.  A silver service star will be worn in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following seven campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)

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:

	a.  the 167th Signal Company, 54th Signal Battalion, the unit to which the applicant was assigned, was cited for award of the:

* Meritorious Unit Commendation for the period 12 May 1967 through
31 January 1968 by Department of the Army General Orders (DAGO) Number 54, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1965 through 16 April 1971 by DAGO Number 54, dated 1974

	b.  2nd Squadron, 17th Cavalry, 101st Airborne Division was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period
15 August 1968 through 14 May 1969 by DAGO Number 43, dated 1970.

10.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information) states that not more than one award of the Republic of Vietnam Gallantry Cross Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

11.  Army Regulation 600-8-22 provides that the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action.  A wound is defined as an injury to any part of the body from an outside force or agent sustained under hostile action.  A physical lesion is not required; however, the wound for which the award is made must have required treatment by medical personnel and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s record shows he distinguished himself in the performance of his military service as evidenced by him receiving all "excellent" conduct and efficiency ratings and receiving an honorable discharge.  Furthermore, there is no evidence of any misconduct, disciplinary actions, or a commander's disqualification for the first award of the Army Good Conduct Medal.  It is presumed that he did not receive the Army Good Conduct Medal due to an administrative oversight.  Therefore, he should be awarded the first award Army Good Conduct Medal and his DD Form 214 should be corrected to show this award.

2.  During the applicant’s assignment in Vietnam, his units were cited for award of the Meritorious Unit Commendation and two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected accordingly.

3.  Records show that the applicant participated in seven campaign phases during his service in Vietnam.  Therefore, he is entitled to one silver service star and two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

4.  There are no available general orders awarding the applicant the Purple Heart.  The Vietnam casualty listing does not contain the applicant's name.  
There is no available evidence and the applicant did not provide any evidence to show he was wounded in action against an enemy or as a result of hostile action. Therefore, there is no basis for granting this portion of the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X_____  ____X___  ____X__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_________  _______  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. The Board determined the evidence presented is 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:

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

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 
20 January 1967 through 19 November 1969, and

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

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one silver service star and two bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
(2nd Award)

2.  The Board further determined 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 awarding him the Purple Heart.



      _________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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20110002517



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