IN THE CASE OF:	

		BOARD DATE:	  14 February 2012

		DOCKET NUMBER:  AR20110015513 


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 the Purple Heart.

2.  The applicant states the award of the Purple Heart was not included on his DD Form 214.  He believes it was an oversight.

3.  The applicant provides no additional evidence.

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
17 March 1969.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  His record shows he was assigned to Company E, 1st Battalion,
22nd Infantry Regiment, 4th Infantry Division, in Vietnam from 4 September 1969 to 31 August 1970.

4.  General Orders Number 3602, issued by Headquarters, 4th Infantry Division, dated 24 June 1970, awarded him with the Purple Heart for wounds received in action in Vietnam on 22 June 1970.  

5.  On 28 December 1970, he was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4.  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 Service Medal with 2 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar

6.  A review of his record indicates his entitlement to additional awards which are not listed on his DD Form 214.

7.  General Orders Number 4221, issued by Headquarters, 4th Infantry Division, dated 12 August 1970, awarded him with the Bronze Star Medal for meritorious service in Vietnam from September 1969 to September 1970.

8.  General Orders Number 4879, issued by the same headquarters, dated
1 October 1970, awarded him with the Air Medal for meritorious achievement in Vietnam from 13 October 1969 to 3 August 1970.

9.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service.  Furthermore, the applicant's records contain no derogatory information or a commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal.


10.  Army Regulation 672-5-1 (Military Awards), in effect at the time, states 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.

11.  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

12.  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, 22nd 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 1 August 1965 through 16 April 1971 by Department of the Army General Order (DAGO) Number 54, dated 1974
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 through 31 October 1969, by DAGO Number 53, dated1970

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record contains general orders awarding him the Purple Heart, Bronze Star Medal, and the Air Medal.  Therefore, his DD Form 214 should be corrected to show these awards.

2.  The evidence of record shows he served honorably from 17 March 1969 through 28 December 1970.  He received all "excellent" conduct and efficiency ratings throughout his military service and completed a combat tour in Vietnam.  Absent any derogatory information on file that would have disqualified the 


applicant from being awarded the first award of the Army Good Conduct Medal it would be appropriate to do so now.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

3.  The evidence of record shows he was awarded the Vietnam Service Medal.  Additionally, records show he participated in four campaigns while serving 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.

4.  The applicant's unit 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 service.  Therefore, his
DD Form 214 should be 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.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal with two bronze service stars;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
17 March 1969 through 28 December 1970; and

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

* Bronze Star Medal
* Purple Heart


* Air 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)                                         AR20110015513



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ABCMR Record of Proceedings (cont)                                         AR20110015513



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