IN THE CASE OF:	  

		BOARD DATE:	    14 February 2012

		DOCKET NUMBER:  AR20110015853 


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, in effect, the Purple Heart be added to his 
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  He states he was awarded the Purple Heart for wounds sustained while engaged in combat.  His commanding officer and platoon sergeant at the time have provided written testimony on his behalf.

3.  He provides:

* his DD Form 214
* two personal witness statements

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 was inducted in the Army on 6 May 1969.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  He served in the Republic of Vietnam from 6 October 1969 to 3 October 1970, and was assigned to the 5th Battalion, 12th Infantry Regiment, 199th Infantry Brigade during this period.   

4.  A Western Union telegram sent to his wife and parents, dated 18 May 1969, reported he was slightly wounded in action in Cambodia on 16 May 1970.  He received fragment wounds to the right arm and left leg while on a military mission when a hostile force was encountered.  He was treated and hospitalized in Vietnam.

5.  His first name is misspelled as it appears on the Vietnam casualty listing.  However, his social security number, date of casualty, and description of wounds match the information as shown in the Western Union telegram.  The listing reports the date of casualty as 16 May 1970.  

6.  He was released from active duty on 5 May 1971.  He completed 2 years 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
* Air Medal
* Army Commendation Medal (Second Award)
* Combat Infantryman Badge
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar M-16
* Marksman Marksmanship Qualification Badge with Rifle Bar M-14 
* two overseas service bars

7.  His record is void of documentation showing he was recommended for or awarded the first award of the Army Good Conduct Medal.  Item 38 of his DA Form 20 (Enlisted Qualification Record) shows he received one “unknown” rating in conduct and efficiency upon his arrival in Vietnam; however, he received ratings of “excellent” for all other periods throughout his career.  

8.  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, 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.  Ratings of “unknown” for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.  

9.  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.  This pamphlet shows that during the time of the applicant's assignment to the 5th Battalion, 12th Infantry Regiment, the unit received the following:

* Valorous Unit Award for the period 1 May to 29 June 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 June 1968 to 31 July 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 April 1968 to 31 August 1970

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

	a.  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.

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

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

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

DISCUSSION AND CONCLUSIONS:

1.  Based on the information contained in the Western Union telegram, his name being listed on the Vietnam casualty listing, and that the medical treatment he received was made a matter of record, it would be appropriate to correct his    DD Form 214 to show this award.

2.  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 he is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 6 May 1969 to 5 May 1971 ending with termination of a period of Federal military service.

3.  Based on his service with the 5th Battalion, 12th Infantry Regiment, he is authorized the following awards to be added to his DD Form 214:

* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

4.  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:

___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 (First Award) for the period of service from 6 May 1969 to 5 May 1971; 

	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 to include the:

* Purple Heart
* Army Good Conduct Medal (First Award)
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Vietnam Service Medal with four bronze service stars



      _______ _ 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)                                         AR20110015853





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ABCMR Record of Proceedings (cont)                                         AR20110015853



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