IN THE CASE OF:	  

		BOARD DATE:	  17 January 2012

		DOCKET NUMBER:  AR20110013728 


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.  He states the Purple Heart is not listed with the awards on his DD Form 214.

3.  He provides:

* DD Form 214
* Purple Heart Certificate, dated 18 February 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.  The applicant was inducted into the Army of the United States on 28 March 1969.  He completed training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The highest rank/grade he attained was sergeant (SGT)/E-5.

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

* Item 31 (Foreign Service), he served in Vietnam from 1 September 1969 through 31 August 1970
* Item 38 (Record of Assignments), he was assigned to Company C,
1st Battalion, 14th Infantry Regiment, 4th Infantry Division from 13 September 1969 to 28 August 1970
* Item 38, he received "excellent" conduct and efficiency ratings throughout his service
* Item 40 (Wounds), no entry [blank]
* Item 41 (Awards and Decorations) no entry for the Purple Heart

4.  General Orders Number 36, issued by Headquarters, 17th Field Hospital, dated 18 February 1970, awarded the applicant the Purple Heart for wounds received in action in Vietnam on 16 February 1970.

5.  The applicant provided a Purple Heart Certificate, dated 18 February 1970.  This certificate bears the signature of a Lieutenant Colonel G------o V--a-B----c, Medical Corps, Commanding, 17th Field Hospital.

6.  General Orders Number 3751, issued by Headquarters, 4th Infantry Division, General Orders Number 3751, dated 5 July 1970, awarded the applicant the Army Commendation Medal for meritorious service in Vietnam from August 1969 to August 1970.

7.  He was released from active duty on 31 December 1970 in the rank of SGT.  He completed 1 year, 9 months, and 3 days of active service with no time lost.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Combat Infantryman Badge
* Vietnam Service Medal with (one) bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Air Medal


9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 1st Battalion, 14th Infantry Regiment, the unit to which the applicant was assigned, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 29 July 1969 through 17 November 1970 by Headquarters, Department of the Army General Order (DAGO) Number 52, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 through 31 October 1969 by DAGO Number 53, dated 1970

10.  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 following four campaigns:

* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

11.  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.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the Purple Heart is not listed on his DD Form 214 is acknowledged and determined to have merit.

2.  The 17th Field Hospital published orders awarding the applicant the Purple Heart for wounds received in action in Vietnam on 16 February 1970.  Therefore, his DD Form 214 should be corrected to show this award.

3.  General orders awarded the applicant the Army Commendation Medal for meritorious service during the period August 1969 to August 1970.  Therefore, his DD Form 214 should be corrected to show this award.

4.  The evidence of record does not show he was disqualified from receiving the first award of the Army Good Conduct Medal for the period 28 March 1969 through 31 December 1970.  He was promoted to SGT and he received "excellent" conduct and efficiency ratings throughout his service.  Therefore, he should be awarded the Army Good Conduct Medal (1st award) for the period 
28 March 1969 through 31 December 1970 and his DD Form 214 should be corrected to show this award.

5.  His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

6.  Evidence shows he participated in four campaign phases during his service in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

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.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal with bronze service star;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 28 March 1969 through 31 December 1970; and
	c.  adding to item 24 of his DD Form 214 the:

* Purple Heart
* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* 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)                                         AR20110013728



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ABCMR Record of Proceedings (cont)                                         AR20110013728



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