BOARD DATE:	  11 October 2011

		DOCKET NUMBER:  AR20110005554 


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 and Republic of Vietnam (RVN) Campaign Medal with Device (1960).

2.  The applicant states these two medals were omitted from his DD Form 214.

3.  The applicant provides copies of his DD Form 214; general orders and certificate for award of the Purple Heart; U.S. Army Medical Command-Japan Form 593 (Patients Bed Card); Air Force Form 626 (Temporary Duty Order-Military); a letter from the Community Services Director at Fort Leonard Wood, Missouri, dated 27 August 1968; and a letter from the Veterans Administration Manager in Chicago, Illinois, dated 6 May 1970.

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.  On 4 August 1967, the applicant was inducted into the Army of the United States.  He completed his initial training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  Special Orders Number 308, Fort Polk, Louisiana, dated 29 November 1967, awarded the applicant the Expert Marksmanship Qualification Badge with Machine Gun Bar.

4.  On 8 December 1967, the applicant departed Fort Polk for duty in the RVN.

	a.  On 24 January 1968, he was assigned for duty as a rifleman with Company A, 3rd Battalion, 22nd Infantry Regiment, 25th Infantry Division.

	b.  On 15 March 1968, he was assigned to duty as a machine gunner within the company.

	c.  On 7 May 1968, he received a fragment wound to his right leg.

	d.  General Orders Number 102, 12th Evacuation Hospital, dated 8 May 1968, awarded the applicant the Purple Heart for wounds received in action on 7 May 1968.

	e.  On 26 May 1968, he was assigned as a patient to the Medical Holding Company, Camp Zama, Japan.  He was subsequently reassigned as a patient to the hospital at Fort Leonard Wood, Missouri.

5.  On 28 March 1969, the applicant was released from active duty.  He attained the rank of specialist four/pay grade E-4 and completed 1 year, 7 months, and 25 days of creditable active duty.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as:

* Expert Marksmanship Qualification Badge with Rifle Bar
* National Defense Service Medal
* Vietnam Service Medal

7.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows his conduct and efficiency ratings were "excellent."  The applicant's records do not contain any evidence of disciplinary action.  There is no evidence to show his commander took any action to deny him the Army Good Conduct Medal.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.

	b.  The RVN Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Individuals who qualified for award of the Vietnam Service Medal and were evacuated prior to completing 6 months of service due to wounds resulting from hostile action were entitled to award of the RVN Campaign Medal with Device (1960).

	c.  Appendix B shows that based on the applicant's dates of service in the RVN, he participated in the following three campaigns:  Vietnam Counteroffensive Phase III, Tet Counteroffensive, and Vietnam Counteroffensive Phase IV.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the RVN.  This pamphlet shows that during the time of the applicant's assignment, the 3rd Battalion, 22nd Infantry Regiment, was cited for award of the RVN Gallantry Cross with Palm Unit Citation in Department of the Army General Orders (DAGO) Number 48, dated1971, and for award of the RVN Civil Actions Honor Medal First Class Unit Citation in DAGO Number 51, dated 1971.

10.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart and the RVN Campaign Medal with Device (1960).

2.  General orders show the applicant was awarded the Purple Heart for wounds received in action on 7 May 1968.  Therefore, his records should be corrected to show this award.

3.  The evidence clearly shows the applicant was awarded an infantryman MOS and was assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the RVN.  His award of the Purple Heart for wounds received in action against the enemy on 7 May 1968 clearly indicates he engaged in ground combat action with the enemy.  Therefore, he should be awarded the Combat Infantryman Badge.

4.  The applicant's records clearly show he distinguished himself in the performance of his military service as evidenced by attaining the rank of specialist four and achieving exclusively "excellent" conduct and efficiency ratings.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal at this time.

5.  Records show that the applicant served during a qualifying period for award of the RVN Campaign Medal with Device (1960).  Therefore, his records should be corrected to show this award.

6.  Records show the applicant participated in three campaigns during his service in the RVN.  Therefore, he is entitled to three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

7.  Records show the applicant's unit was cited in DAGO for award of the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards.

8.  Special orders show the applicant was awarded the Expert Marksmanship Qualification Badge with Machine Gun Bar.  Therefore, his records should be corrected to show this badge.

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 is 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 August 1967 to 28 March 1969,

	b.  awarding him the Combat Infantryman Badge effective 7 May 1968,

	c.  deleting all entries from item 24 of his DD Form 214, and

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

* Purple Heart
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation
* RVN Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle and Machine Gun 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)                                         AR20110005554



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110005554



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1