IN THE CASE OF:	  

		BOARD DATE:	  21 February 2012 

		DOCKET NUMBER:  AR20110015901 


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 Presidential Unit Citation (PUC), Purple Heart (PH) and Bronze Star Medal (BSM) with “V” (Valor) Device be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  

2.  The applicant states he just discovered the unit he served with in the Republic of Vietnam (RVN) received the PUC during the period of his assignment.  He further states the BSM with “V” Device and PH that he earned should be added to his DD Form 214.  

3.  The applicant provides orders for the PUC and BSM with “V” Device and a PH certificate 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.  The record shows the applicant was inducted into the Army on 17 August 1967, and was trained in and awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).  He was promoted to sergeant (SGT)/E-5, on 
1 November 1968, and this is the highest rank he attained while serving on active duty.  

3.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 7 February 1968 through 6 February 1969.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Company D, 
4th Battalion, 12th Infantry Regiment, 199th Infantry Brigade, performing duties in MOS 11C as a gunner and crew chief.  Item 38 also shows he received “excellent” conduct and efficiency ratings at all of his active duty assignments.  

4.  Item 40 (Wounds) of the DA Form 20 is blank.  Item 41 (Awards and Decorations) lists the following earned awards: 

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* RVN Campaign Medal (RVNCM) with 60 Device
* Combat Infantryman Badge (CIB)
* BSM with “V” Device (General Order (GO) Number (#) 795, Headquarters, 199th Infantry Brigade, 1968)
* Valorous Unit Award (VUA)
* Army Commendation Medal (ARCOM) 
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

5.  The applicant’s Military Personnel Records Jacket (MPRJ) does not contain orders for the PH and BSM with “V” Device.  It is also void of medical treatment records indicating he was ever treated for a combat related wound.  The MPRJ is void of derogatory information or a unit commander disqualification that would have precluded award of the Army Good Conduct Medal (AGCM).

6.  On 23 June 1969, the applicant was honorably released from active duty, in the rank of SGT/E-5, after completing 1 year, 10 months, and 5 days of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not include the BSM with “V” Device, PH, or PUC.



7.  The applicant provides a copy of Headquarters, 199th Infantry Brigade GO # 795, dated 21 July 1968 which awarded the applicant the BSM with “V” Device for heroism in the RVN on 9 May 1968.  The reason narrative contained in these orders contain the statement “he was struck down and wounded by shrapnel.  Disregarding his wounds and refusing medical treatment, he remained in his position and continuously exposed himself to the enemy fire as he placed devastating return fire upon the enemy.”  He also provides a PH certificate, dated 22 May 1972, which indicates he was awarded the PH for wounds received in action in the RVN on 9 May 1968.  In addition, he provides a copy of Department of the Army General Order (DAGO) 60, dated 17 October 1969 which awarded the PUC to the applicant’s unit for extraordinary heroism in the RVN during the period 5 to 10 May 1968.  

8.  Army Regulation 600-8-22 (Military Awards) prescribes the Army’s awards policy.  Paragraph 2-8 contains guidance on award of the PH.  It states that in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action; that it required treatment by military medical personnel; and a record of this medical treatment must have been made a matter of official record.  

9.  Paragraph 2-13, Army Regulation 600-8-22 contains guidance for the VSM.  It states a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of campaigns and shows that during the applicant's tenure of assignment in the RVN, participation credit was granted for the following four campaigns for the periods indicated:

* Tet Counteroffensive (30 January-1 April 1968)
* Vietnam Counteroffensive Phase IV ( 2 April-30 June 1968)
* Vietnam Counteroffensive Phase V (1 July-1 November 1968)
* Vietnam Counteroffensive, Phase VI (2 November 1968-22 February 1969

10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the 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.


11.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) assists commanders in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that the during the applicant’s tenure of assignment, his unit (Company D, 
4th Battalion, 12th Infantry Regiment, 199th Infantry Brigade) received the following awards for the periods indicated and authorized in the DAGO identified:

* VUA, 31 January-19 February 1968, DAGO 48, dated 1968
* RVN Gallantry Cross (RVNGC) with Palm Unit Citation, 5-19 February 1968, DAGO 42, dated 1970
* RVN Civil Action Honor Medal (RVNCAHM) First Class (FC) Unit Citation 12 December 1966-31 August 1970, DAGO 51, dated 1971
* PUC, 5-10 May 1968, DAGO 60, dated 1969

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to add the BSM with “V” Device, PH, and PUC to his DD Form 214 has been carefully considered and found to have merit.  

2.  The evidence of record confirms the applicant was awarded the BSM with “V” Device for heroism in the RVN on 9 May 1968 and this award was announced and authorized in GOs issued by the 199th Infantry Brigade, as evidenced by an entry in item 41 of his DA Form 20.  Orders authorizing this award were provided by the applicant.  These orders confirm he was wounded during the action for which he received this heroism award.  As a result, it would be appropriate to add the BSM with “V” Device and PH to item 24 of his DD Form 214.  

3.  The evidence of record also confirms the applicant received "excellent" conduct and efficiency ratings at all of his active duty assignments.  Further, his record is void of derogatory information or a unit commander disqualification that would have precluded award of the AGCM.  Therefore, it would be appropriate to award him the AGCM for his qualifying period of honorable active duty service from 17 August 1967 through 23 June 1969, and add this award to his DD Form 214.

4.  The evidence of record also confirms that based on his RVN service and campaign participation he is eligible for the PUC, VUA, RVNGC with Palm Unit Citation, RVNCAHM FC Unit Citation, and 4 bronze service stars to be worn with his VSM.  Therefore, it would be appropriate to add these awards to his DD Form 214.  


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 for his qualifying honorable active duty service from 17 August 1967 through 23 June 1969 and the Purple Heart for being wounded in action in the RVN on 9 May 1968; 
   
   b.  amending item 24 of his DD Form 214 by deleting the current Vietnam Service Medal entry; and
   
   c.  adding the following awards:

* Bronze Star Medal with “V” Device
* Purple Heart
* Army Good Conduct Medal
* Presidential Unit Citation
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Action Honor Medal First Class Unit Citation
* Vietnam Service Medal with 4 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)                                         AR20110015901



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ABCMR Record of Proceedings (cont)                                         AR20110015901



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