IN THE CASE OF:	  

		BOARD DATE:	  27 September 2011

		DOCKET NUMBER:  AR20110004637 


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 award of the:

* Purple Heart
* Bronze Star Medal with "V" Device

2.  He states he received the Purple Heart and the Bronze Star Medal with "V" Device in person, but they are not annotated on his DD Form 214.  He desires correction of his record in order to have proper documentation verifying his receipt of these awards to validate his entitlement to Department of Veterans Affairs (VA) benefits to include a headstone.

3.  He provides:

* DD Form 214
* General Orders Number 2007, dated 22 February 1969
* Special Orders Number 44, dated 5 March 1970
* DD Form 173 (Joint Message Form)
* VA Rating Decision

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.  His record shows he was inducted into the Army of the United States on 4 April 1968 and held military occupational specialty 11B (Light Weapons Infantryman).  On 11 March 1970, he was honorably retired due to permanent disability.

3.  His DA Form 20 (Enlisted Qualification Record) contains the following pertinent information:

	a.  Item 38 (Record of Assignments) shows that during his tour of duty in the Republic of Vietnam he served as a Rifleman and a Radio/Telephone Operator assigned to Company B, 3d Battalion, 22nd Infantry Regiment, 25th Infantry Division.

	b.  Item 38 also shows he received conduct and efficiency ratings of "excellent" for each of his duty assignments.  His record does not contain any derogatory information or a record of a commander's disqualification for award of the Army Good Conduct Medal.

	c.  Item 40 (Wounds) shows he sustained fragmentation wounds to his face and neck on 6 June 1969.

	d.  Item 41 (Awards and Decorations) shows award or authorization for the:

* Bronze Star Medal with "V" Device by General Orders Number 2007
* Combat Infantryman Badge by Special Orders Number 337
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar by Special Orders 138, dated 17 May 1968

4.  His record contains Special Orders Number 337, dated 2 December 1968, awarding him the Combat Infantryman Badge.

5.  His record contains (and he also provides) General Orders Number 2007, dated 22 February 1969, awarding him the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 23 December 1968.

6.  The applicant's record contains a Western Union Telegram, dated 9 June 1969, wherein the Department of the Army Adjutant General (TAG) informed his parents that he had been seriously wounded as the result of an attack by a hostile force.

7.  His record contains General Orders Number 3421, dated 7 September 1969, awarding him the Distinguished Service Cross for extraordinary heroism in connection with military operations involving conflict with an armed hostile force in the Republic of Vietnam on 6 June 1969.

8.  His record contains (and he also provides) General Orders Number 64, dated 17 November 1969, awarding him the Purple Heart for wounds received in connection with military operations against a hostile force in the Republic of Vietnam on 6 June 1969.

9.  The applicant provides a DD Form 173, dated 5 March 1970, and Special Orders Number 44, dated 5 March 1970, which show the TAG directed that he be released from assignment and duty and retired due to permanent disability on 11 March 1970. 

10.  The DD Form 214 issued to him at the time of his retirement shows the following pertinent information:

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

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

	b.  Item 30 (Remarks) shows he served in the Republic of Vietnam from September 1968 to 8 July 1969.

11.  A review of the applicant's record shows he is entitled to additional awards and decorations.

12.  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.

13.  Army Regulation 600-8-22 (Military Awards) provides for award of the Vietnam Service Medal. Appendix B shows the campaigns for Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  During his tour in Vietnam he participated in four campaigns:

* Vietnam Counteroffensive Phase V
* Vietnam Counteroffensive Phase VI
* TET 69 Counteroffensive
* Vietnam Summer-Fall 1969

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows unit awards received by units serving in the Republic of Vietnam.  This regulation shows the unit to which the applicant was assigned while serving in the Republic of Vietnam were cited for the following awards for accomplishments during his tenure:

* the Valorous Unit Award by Department of the Army General Orders ((DAGO) Number 42, dated 1969;
* the Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 5, dated 1973; and
* the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his DD Form 214 should be corrected to show award of the Purple Heart and the Bronze Star Medal with "V" Device were carefully considered and determined to have merit.

2.  General orders awarded him the following; therefore, he is entitled to have them shown on his DD Form 214:

* Distinguished Service Cross
* Purple Heart
* Bronze Star Medal with "V" Device

3.  Special orders awarded him the following; therefore, he is entitled to have them shown on his DD Form 214:

* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar

4.  The evidence of record confirms he served honorably on active duty during the period 4 April 1968 through 11 March 1970.  His record is void of any evidence that shows he had lost time or that he received nonjudicial punishment or court-martial action during that period of service.  There is no evidence of a suspension of favorable personnel actions or that his commander denied him award of the Army Good Conduct Medal for this period of service.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period 4 April 1968 through 11 March 1970 and to correct his DD Form 214 to show this award.

5.  His records show he was awarded the Vietnam Service Medal.  The evidence shows he participated in four campaigns during his service in the Republic of Vietnam.  Therefore, he is authorized four bronze service stars to be affixed to his Vietnam Service Medal and to correction of his DD Form 214 to show these service stars.

6.  DAGOs awarded the applicant's unit the following awards for accomplishments during his tenure in the unit; therefore, he is entitled to correction of his DD Form 214 to show these unit awards:

* the Valorous Unit Award
* the Republic of Vietnam Gallantry Cross with Palm Unit Citation
* the Republic of Vietnam Civil Actions Honor Medal First Class 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 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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 4 April 1968 through 11 March 1970;

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

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

* Distinguished Service Cross
* Purple Heart
* Bronze Star Medal with "V" Device
* Army Good Conduct Medal (1st Award)
* Combat Infantryman Badge
* Vietnam Service Medal with four bronze service stars
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar



      _______ _   _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)                                         AR20110004637





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ABCMR Record of Proceedings (cont)                                         AR20110004637



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