IN THE CASE OF:	  

		BOARD DATE:	    8 November 2011

		DOCKET NUMBER:  AR20110010136 


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.

2.  The applicant states, in effect, the administration building was hit by a mortar and his records were destroyed.  He states that he needs the correction made to his DD Form 214 so that he may apply for a Purple Heart license plate.

3.  The applicant provides a copy of his DD Form 214.

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 enlisted in the Regular Army on 11 May 1967.  He completed training and was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman).  He was stationed in the Republic of Vietnam from 12 November 1967 through 9 November 1968, where he was further assigned initially to Company C and subsequently to Headquarters and Headquarters Company, 2nd Battalion, 3rd Infantry Regiment.  The highest rank/grade he attained during this period of service was specialist four (SP4)/E-4.  

3.  On 13 May 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Combat Infantryman Badge
* National Defense Service Medal
* Vietnam Service Medal 
* Republic of Vietnam Campaign Medal with Device (1960)
* Marksman Marksmanship Qualification Badge with Rifle Bar 

4.  His record contains Special Orders Number 109, issued by Headquarters,      3rd Brigade, U.S. Army Training Center, Fort Ord, dated 26 June 1967, which show he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

5.  His record contains Special Orders Number 133, issued by Headquarters,      3rd Training Brigade, Fort Gordon, dated 25 August 1967, which show he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

6.  His record contains General Orders Number 105, issued by Headquarters,      24th Evacuation Hospital, dated 15 May 1968, which show he was awarded the Purple Heart for an injury as a result of hostile action on 14 May 1968.

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

* Vietnam Counteroffensive Phase III
* Tet Counteroffensive
* Vietnam Counteroffensive Phase IV
* Vietnam Counteroffensive Phase V
* Vietnam Counteroffensive Phase VI

8.  Item 38 of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his enlisted service.  His record does not contain a record of a commander's disqualification for award of the Army Good Conduct Medal.  

9.  Army Regulation 672-5-1 (Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends 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.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his assignment to Company C, 2nd Battalion, 3rd Infantry Regiment, his unit was cited for award of the:

   a.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 June 1968 through 31 July 1970 by DAGO Number 51, dated 1971.

   b.  Valorous Unit Award for the period 31 January through 19 February 1968 by DAGO Number 48, dated 1968.
   
   c.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 December 1966 through 31 August 1970 by DAGO Number 31, dated 1971.
   
DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Purple Heart for an injury as a result of hostile action on 14 May 1968; therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  Special orders awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16); therefore, he is entitled to correction of his DD Form 214 to show these badges.



3.  Records show he was previously awarded the Vietnam Service Medal.  Evidence shows he participated in five campaign phases during his Republic of Vietnam service.  Therefore, he is entitled to correction of his DD Form 214 to show one silver service star for his Vietnam Service Medal.

4.  Evidence shows he completed a qualifying period of service for award of the  Army Good Conduct Medal (1st Award) for the period 11 May 1967 to                  10 May 1970.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

5.  General orders show the applicant's unit was awarded the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for actions during his tenure of assignment.  Therefore, he is entitled to have his records corrected to show these unit awards.

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
11 May 1967 to 10 May 1970;
   
   b.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar; and

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

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Vietnam Service Medal with one silver service star
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation



      __________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)                                         AR20110010136



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ABCMR Record of Proceedings (cont)                                         AR20110010136



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