IN THE CASE OF:	  

		BOARD DATE:	  13 December 2011

		DOCKET NUMBER:  AR20110011608 


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 all the awards to which he is entitled, including the Army Good Conduct Medal.

2.  He states he was shot in Vietnam, but he never received any awards or the Army Good Conduct Medal after he was discharged from Fitzsimons Hospital.

3.  He provides no additional documents.  

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 3 May 1968.  He was promoted to specialist four (SP4)/E-4 on 16 January 1969.  
3.  He was honorably discharged on 21 January 1969 for the purpose of immediate reenlistment.  His DD Form 214 for the period ending 21 January 1969 shows award of the National Defense Service Medal.  On 22 January 1969, he reenlisted for a period of four years.  He served in Vietnam from 15 February 1972 through 8 September 1972 with the 482nd Military Police Company, 3rd Brigade, 1st Cavalry Division (later redesignated as the 483rd Military Police Company).  

4.  His DA Form 20 (Enlisted Qualification Record) shows in:

* Item 29 (Qualifications in Arms) he qualified as sharpshooter with the
M-16 Rifle 
* item 33 (Appointments and Reductions) he was reduced from SP4/E-4 to private first class (PFC)/E-3 on 18 September 1969
* item 33 he was advanced to SP4/E-4 again on 28 August 1970
* item 38 (Record of Assignments) he received "excellent" conduct and efficiency ratings and one "good" conduct and efficiency rating for the period 1 December 1969
* item 38 he also received academic “good” in July 1970
* item 41 (Awards and Decorations) the National Defense Service Medal, Vietnam Service Medal, Army Commendation Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

5.  A DD Form 261 (Report of Investigation), dated 4 October 1972, in his service record shows he was admitted to the 24th Evacuation Hospital on 8 September 1972 with a gunshot wound in his left chest area following an apparent suicide attempt.  His injury was determined to be “not in line of duty – due to own misconduct.”  

6.  He was honorably released from active duty on 20 February 1973 in the rank of SP4.  He completed a total of 4 years, 9 months, and 18 days active military service.  

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued for this period of service shows the:

* National Defense Service Medal
* Army Commendation Medal
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* one overseas service bar
8.  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 Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the Consolidation II and Vietnam Ceasefire campaigns.  

9.  Department of the Army General Orders Number 8, dated 1974, announced   award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973.  

10.  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 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.  

11.  Army Regulation 672-5-1 stated the medal is awarded on a selective basis to each Soldier who distinguished himself by their exemplary conduct, efficiency, and fidelity throughout a specified period of continuous enlisted active Federal military service.

12.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  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.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

13.  Army Regulation 600-8-22 states the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was admitted to the 24th Evacuation Hospital on 8 September 1972 with a gunshot wound in his left chest area following an apparent suicide attempt.  His service record is void of evidence which indicates he was wounded as result of enemy action during active ground combat in Vietnam.  Therefore, he is not eligible for an award for this injury.  

2.  Following his reduction to PFC/E-3 on 18 September 1969 he attained the rank/grade of SP4/E-4 again on 28 August 1970.  His DA Form 20 shows he received all "excellent" conduct and efficiency ratings from 2 December 1969 until his release from active duty on 20 February 1973 with exception of an academic “good” rating.  However, his September 1972 suicide attempt calls into question his eligibility for award of the Army Good Conduct Medal.  There is no entitlement to this award, and there is insufficient evidence to show its award is warranted at this point in time.  

3.  The applicant participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 for the period ending 20 February 1973 to show these service stars.

4.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units which served in Vietnam.  The applicant was assigned to a unit which served in Vietnam.  Therefore, his DD Form 214 for the period ending 20 February 1973 should be amended to show the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  His DA Form 20 shows he qualified as sharpshooter with M-16 Rifle and was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar
(M-16).  Therefore, he is entitled to correction of his DD Form 214 for the period ending 20 February 1973 to show the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X___  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that the DD Form 214 for the period ending 20 February 1973 of the individual concerned be corrected by:

	a.  deleting the Vietnam Service Medal with one bronze service star from item 24; and 

	b.  adding award of the Vietnam Service Medal with two bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Army Good Conduct Medal.



      __________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)                                         AR20110011608



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110011608



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1