IN THE CASE OF:	  

		BOARD DATE:	  25 August 2011

		DOCKET NUMBER:  AR20110003557 


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.

2.  The applicant states his DD Form 214 does not reflect this award. 

3.  The applicant provides a photograph of the Purple Heart and its case. 

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 25 May 1966 and held military occupational specialty 11B (Light Weapons Infantryman).  He served in Vietnam with Company D, 4th Battalion, 12th Infantry, 199th Infantry Brigade, from on or about 11 November 1967 to 8 November 1968.
3.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows he suffered a gunshot wound to his left shoulder on 20 December 1967 and his name is shown on the Vietnam casualty roster as having been wounded as a result of hostile action on that date.

4.  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 23 May 1969 and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.  He completed 1 year, 11 months, and 29 days of creditable active service with no lost time.

5.  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 Campaign Medal with (1960) Device
* Vietnam Service Medal
* Valorous Unit Award
* Marksman Marksmanship Qualification Badge w/Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge w/Machinegun Bar (M-60)
* Marksman Marksmanship Qualification Badge w/Rifle Bar (M-16

6.  A review of his records indicates his entitlement to additional awards which are not shown on his DD Form 214.

7.  There is no derogatory information in his file that would have disqualified him from receiving his first award of the Army Good Conduct Medal.  Additionally, Item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency rating throughout his service.  

8.  Army Regulation 672-5-1 (Decorations and 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.

9.  Department of the Army General Orders Number 51, dated 1971, awarded the applicant's unit of assignment in Vietnam, the 4th battalion, 12th Infantry, the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 19 June 1968 to 31 July 1971 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 12 December 1966 to 31 August 1970.

10.  Appendix B of Army Regulation 600-8-22 (Military Awards) 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 III (1 June 1967 to 29 January 1968)
* Tet Counteroffensive (30 January 1968 to 1 April 1968)
* Vietnam Counteroffensive (Phase IV, 2 April to 30 June 1968)
* Vietnam Counteroffensive (Phase V, 1 July to 1 November 1968)
* Vietnam Counteroffensive (Phase VI, 2 November 1968 to 22 February 1969)

DISCUSSION AND CONCLUSIONS:

1.  The applicant was wounded in action on 20 December 1967 in Vietnam as evidenced by the entry on his DA Form 20 and the Vietnam casualty roster.  It appears the Purple Heart was inadvertently left of his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.  

2.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his records; therefore, he is entitled to correction of his records to show these unit awards.

3.  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 award of a silver service star to be affixed to his already-awarded Vietnam Service Medal.

4.  He served from 25 May 1967 through 23 March 1969.  He attained the rank/grade of SP4/E-4 and was awarded the Purple Heart.  He served a qualifying period of service and he received "excellent" conduct and efficiency ratings throughout his service with no disciplinary actions or a commander's disqualification.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.




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 the period 25 May 1967 through 23 March 1969
* adding to item 24 of his DD Form 214 the:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* 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)                                         AR20110003557



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ABCMR Record of Proceedings (cont)                                         AR20110003557



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