IN THE CASE OF:	  

		BOARD DATE:	  20 December 2011

		DOCKET NUMBER:  AR20110012359 


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 the following awards be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 10 December 1970:

* Purple Heart
* Army Good Conduct Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

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

3.  The applicant provides no additional evidence in support of his application.

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.  He enlisted in the Regular Army on 27 December 1968 for a period of 2 years. He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  Headquarters, U.S. Army Training Center, Infantry and Fort Lewis, Fort Lewis, WA issued the following orders:

* Special Orders Number 107, dated 17 April 1969, awarding him the Expert Marksmanship Qualification Badge with Rifle Bar
* Special Orders Number 121, dated 1 May 1969, awarding him the Second Class Gunner Marksmanship Badge (now known as the Sharpshooter Marksmanship Qualification Badge) with Machine Gun Bar

4.  He served in the Republic of Vietnam from 6 June 1969 to 3 June 1970.  He was assigned to the 1st Battalion, 46th Infantry, from 16 June 1969 to 31 May 1970.

5.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank.
   
6.  Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the Purple Heart, the Army Good Conduct Medal, or the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

7.  His service medical records were not available for review.  His name does not appear on the Vietnam casualty listing.

8.  He was released from active duty on 10 December 1970.  He completed
1 year, 11 months, and 14 days of active service that was characterized as honorable.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he is authorized the:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)

9.   There are no orders in his Military Personnel Records Jacket (MPRJ) awarding him the Purple Heart or the Army Good Conduct Medal.

10.  There is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.
11.  A review of 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 United States Army Human Resources Command, failed to reveal any orders awarding him the Purple Heart.

12.  However, ADCARS did reveal Headquarters, Americal Division General Orders Number 5164, dated 30 May 1970, awarding him the Army Commendation Medal for meritorious service from June 1969 to June 1970 in the Republic of Vietnam.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.  

	a.  This pamphlet shows that, during the time of the applicant’s assignment to the 1st Battalion, 46th Infantry the unit received the:

* Valorous Unit Award for the period 11-31 August 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the 	periods 24 August - 31 December 1969, 31 March - 30 June 1970, and 
	16 April - 28 August 1969

	b.  Not more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation will be worn by any individual.  However, although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will indicate all awards received.

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

	a.  The award of a bronze service star is authorized based on qualifying service for each campaign listed in Table B-1 of this regulation.  Authorized service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.  

	b.  Based on his dates of service in Vietnam, Table B-1 shows he served in the:

* Tet 69 Counteroffensive, 1969 Campaign (23 February 1969 - 8 June 	1969)
* Vietnam Summer - Fall 1969 Campaign (9 June 1969 - 31 October 	1969)
* Vietnam Winter - Spring 1970 Campaign (1 November 1969 - 30 April 	1970)
* DA Sanctuary Counteroffensive Campaign (1 May 1970 - 30 June 	1970)

15.  Army Regulation 672-5-1 (Military Awards), then in effect, promulgated Department of the Army policy, criteria, and administrative instructions concerning individual military awards.

	a.  The Purple Heart was awarded to any member of an Armed Force or any civilian national of the United States who while serving under competent authority in any capacity with one of the U.S. Armed Services had been wounded, killed, or who had died as a result of a wound sustained 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.

	b.  The Army Good Conduct Medal was awarded, 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 first award only.  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.  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.

DISCUSSION AND CONCLUSIONS:

1.  Item 40 of his DA Form 20 contains no entries and his name is not listed on the Vietnam casualty listing.  There were no orders for the award of the Purple Heart on ADCARS.  Therefore, in the absence of evidence showing he was wounded as result of hostile action, the wound required treatment by medical personnel, and the medical treatment was made a matter of official record there is an insufficient basis to award the Purple Heart in this case.

2.  Based on orders obtained from ADCARS the Army Commendation Medal should be added to his DD Form 214.

3.  The applicant's records do not show indiscipline or lost time, he received conduct and efficiency ratings of "excellent" throughout his military service.  Therefore, the preponderance of evidence shows the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 27 December 1968 to 10 December 1970 ending with termination of a period of Federal military service.

4.  Based on his service with the 1st Battalion, 46th Infantry, he is authorized the following awards to be added to his DD Form 214:

* the Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (3 Awards)

5.  Orders in his MPRJ show he was awarded the:

* Expert Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar

6.  He participated in four campaigns during his service in Vietnam.  Therefore, he is authorized four bronze service stars to be worn on his Vietnam Service Medal.  

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 all Department of the Army records of the individual concerned be corrected by: 

	a.  awarding him the Army Good Conduct Medal (First Award) for the period of service from 27 December 1968 to 10 December 1970; 

	b.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal with two bronze service stars; and

	c.  amending item 24 of his DD Form 214 with an effective date of 
10 December 1970 to include the:

* Army Commendation Medal
* Army Good Conduct Medal (First Award)
* Valorous Unit Award
* Vietnam Service Medal with four bronze service stars
* Expert Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Machine Gun 	Bar
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
	(3 Awards)

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 the Purple Heart.  




      _______ _   __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)                                         AR20110012359



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ABCMR Record of Proceedings (cont)                                         AR20110012359



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