BOARD DATE:	  20 October 2011

		DOCKET NUMBER:  AR20110004995 


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 that the Purple Heart be added to his DD Form 214 (Report of Transfer or Discharge)

2.  The applicant states he was presented the Purple Heart by the battalion executive officer while still in the hospital.  The chaplain didn't know the applicant had signed the no-notification form and had written to the applicant's parents.  His mother became so upset that she ended up talking to the Secretary of Defense. 

3.  The applicant provides copies of the Purple Heart Certificate, a letter from the Office of the Adjutant General to the applicant's mother explaining that he had indeed been wounded, but that she had not been notified because the applicant had signed a form asking that such notification not be made.  

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 on 24 August 1966.  During training he qualified as a Marksman with the M-16 Rifle.  Upon completion of training he was awarded military occupational specialty (MOS) 11B as a light weapons infantryman. 

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 38 (Assignments) ? Company B, 4th Battalion, 47th Infantry from 24 February 1967 through 5 February 1968 - his recorded conduct and efficiency ratings for all assignments were exclusively “excellent”;

	b.  item 41 (Awards and Decorations) ? National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, and the Republic of Vietnam Campaign Medal with Device "1960."

4.  A 15 June 1967 letter from the Office of the Adjutant General informed the applicant's mother that, on 15 May 1967, he had been wounded in the right forearm as the result of enemy action.

5.  9th Infantry Division General Orders Number 1892, dated 31 March 1968, awarded the applicant the Bronze Star Medal for meritorious service for the period February 1967 to February 1968.

6.  The applicant was released from active duty early, on 12 June 1968, to attend college.  He was transferred to the U.S. Army Reserve as a specialist five (E-5).  His DD Form 214 lists his awards as the National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal, one Overseas Service Bar, and the Combat Infantryman Badge.   

7.  The applicant is listed as a battle casualty on the Vietnam Casualty Roster, but his name does not appear in 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 U.S. Army Human Resources Command.

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 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.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows:

	a.  4th Battalion, 47th Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966 to 14 May 1969 by Department of the Army General Orders Number 43, of 1970.

	b.  Service stars are worn on service and campaign medals to denote participation in campaign.  The applicant's tour of duty coincided with the following three campaigns:  Vietnam Counteroffensive Phase (1 July 1966 - 31 May 1967), Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968), and the Tet Counteroffensive (30 January - 1 April 1968).

10.  Army Regulation 670-1 (Army Uniforms) governs the requirements for the Oversea Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service outside of the continental United States for the specific timeframes and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure (emphasis added) from Vietnam are counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he was presented the Purple Heart while still in the hospital.  The chaplain didn't know the applicant had signed the no-notification form and had written to the applicant's parents.  

2.  The Vietnam Casualty Roster and the correspondence to the applicant's parents demonstrate that he had been wounded in action.  He was properly awarded the Purple Heart.

3.  The applicant was awarded the Bronze Star Medal by official orders.

4.  The applicant distinguished himself by his exclusively “excellent” conduct and efficiency ratings and his promotion to specialist five (E-5).  There is no available evidence that any action was taken to deny him the Good Conduct Medal.  Its absence from his list of official awards may be presumed to be an oversight.  It should be awarded at this time.

5.  During his tour of duty his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  He participated in three campaign periods and is authorized to wear three bronze service stars on the Vietnam Service Medal.

6.  Counting the months of arrival and departure from Vietnam the applicant qualified for two Overseas Service Bars.

7.  The above awards and insignia should be added to his DD Form 214.

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: 

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period  24 August 1966 through 12 June 1968;

   d.  deleting the awards presently shown in item 24 of his DD Form 214; and 
   
   c.  showing in item 24 of his DD Form 24 that his authorized awards consist of the Bronze Star Medal, Purple Heart, Army Good Conduct Medal (1st Award), National Defense Service Medal, Vietnam Service Medal with three bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Combat Infantryman Badge, and Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar, Marksman Marksmanship Qualification with Rifle M-16) Bar and two Overseas Service Bars.




      _______ _   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)                                         AR20110004995





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ABCMR Record of Proceedings (cont)                                         AR20110004995



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