IN THE CASE OF:	  

		BOARD DATE:	      19 October 2011

		DOCKET NUMBER:  AR20110006797 


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, in effect, 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 the Air Medal.

2.  The applicant states he received the medals 4 to 6 years after he was discharged.  His records and medals were lost in a flood.

3.  The applicant provides two Standard Forms 600 (Chronological Record of Medical Care) and letter from the Department of Veterans Affairs.

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's records show he was inducted into the Army of the United States on 1 February 1968 and he held military occupational specialty 11B (Light Weapons Infantryman).  

3.  Special Orders Number 17, dated 18 March 1968, issued by Headquarters, U.S. Army Training Center, Infantry and Fort Lewis, Fort Lewis, WA, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  Special Orders Number 122, dated 2 May 1968, issued by Headquarters, U.S. Army Training Center, Infantry and Fort Lewis, Fort Lewis, WA, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  Special Orders Number 127, dated 7 May 1968, issued by Headquarters, U.S. Army Training Center, Infantry and Fort Lewis, Fort Lewis, WA, awarded him the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60).

6.  He served in Vietnam from 8 August 1968 to 4 August 1969 while assigned to the 4th Battalion, 21st Infantry Regiment, 11th Infantry Brigade.

7.  His record contains a Western Union Telefax, dated 21 December 1968, wherein his father was notified he was wounded as a result of hostile action in Vietnam on 21 December 1968.  It stated he received a fragment wound from a hostile grenade to his right leg while he was at a night defensive position.  He was treated for his wounds and returned to duty.

8.  A review of The Adjutant General's Office Casualty Division's Vietnam casualty listing shows the applicant's name is listed as a casualty on 21 December 1968 under casualty status code "24."  This casualty code refers to "hostile wounded in action, not serious, not hospitalized."

9.  General Orders (GO) Number 5992, dated 1 July 1969, issued by Headquarters, Americal Division, awarded him the Air Medal for meritorious achievement while participating in aerial flight in Vietnam from 21 September 1968 to 23 May 1969.

10.  He was honorably released from active duty on 30 January 1970 in the rank/grade of sergeant (SGT)/E-5 and he was transferred to the U.S. Army Reserve.  He completed 1 year, 11 months, and 29 days of creditable active service with no time lost.

11.  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 60 Device
* Vietnam Service Medal with two bronze service stars
* Combat Infantryman Badge
* Bronze Star Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

12.  A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal orders for the Purple Heart pertaining to the applicant.

13.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record is void of any record of disciplinary actions or a commander's disqualification for the award of the Army Good Conduct Medal.

14.  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.

15.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance for the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following four campaigns:

* Vietnam Counteroffensive Phase V (1 July 1968 - 1 November 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)

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was wounded in Vietnam on 21 December 1968 during hostile action and he was treated for those wounds.  Therefore, he is entitled to correction of his DD Form 214 to show award of the Purple Heart.
2.  General orders awarded him the Air Medal which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  The evidence of record shows he served honorably from 1 February 1968 through 30 January 1970.  He served in Vietnam, was awarded the Bronze Star Medal, was wounded in action, received "excellent" conduct and efficiency ratings throughout his military service, and attained the rank/grade of SGT/E-5.  His record is void of any derogatory that would have disqualified him from receiving the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of a qualifying period of Federal military service and correct his records to show this award.

4.  His record confirms he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to award of four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.

5.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60) which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these badges.

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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 1 February 1968 through 30 January 1970
* deleting from item 24 of his DD Form 214 the Vietnam Service Medal with two bronze service stars
* adding to item 24 of his DD Form 214 the:

* Purple Heart
* Air Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60)



      _______ _   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)                                         AR20110006797





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ABCMR Record of Proceedings (cont)                                         AR20110006797



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