IN THE CASE OF:	  

		BOARD DATE:	  16 February 2012

		DOCKET NUMBER:  AR20110016494 


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:

* Bronze Star Medal with "V" Device and Oak Leaf Cluster (2nd Award)
* Purple Heart.

2.  The applicant states that the Basic Missileman Badge with "V" Device listed on his DD Form 214 is incorrect, it should be the Bronze Star Medal with "V" Device.  He would like his DD Form 214 to reflect a complete record.

3.  He provides:

* Bronze Star Medal with "V" Device orders and certificate
* Bronze Star Medal orders, citation, and certificate
* Purple Heart certificate
* Honorable Discharge Certificate

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's military records show he was inducted into the Army of the United States on 15 August 1966.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  He served in Vietnam from 9 January 1967 through 18 January 1968, during two campaigns.  He was assigned to Company C, 1st Battalion, 27th Infantry.

3.  General Orders Number 2973 issued by Headquarters, 25th Infantry Division, on 18 July 1967, awarded him the Bronze Star Medal with "V" Device for heroism in Vietnam on 16 May 1967.  He provided a copy of the resulting certificate.

4.  General Orders Number 4882 issued by Headquarters, 25th Infantry Division, on 18 December 1967, awarded him the Bronze Star Medal for meritorious service in Vietnam from January 1967 to December 1967.  He also provided copies of the resulting citation and certificate.

5.  He further provides a copy of a Purple Heart certificate, dated 26 February 1970, for wounds received in action in Vietnam on 12 December 1967.

6.  Item 38 (Record of Assignment) of his DA Form 20 (Enlisted Qualification Record) shows he was in a patient status from 18 December 1967 to 20 May 1968.  Item 40 (Wounds) of this form contains the entry, fragment wound to right hand, right knee, and right elbow on 12 December 1967.

7.  Item 41 (Awards and Decorations) of his DA Form 20 lists the Bronze Star Medal with "V" Device; however, the Bronze Star Medal (2nd Award) and Purple Heart are not listed.

8.  He was honorably released from active duty in pay grade E-5 on 20 May 1968 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement).  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Combat Infantryman Badge
* Vietnam Campaign Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Basic Missileman Badge with "V" Device

9.  Item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his period of service.  There is no evidence of any disciplinary action during his period of active service.  There also is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.

10.  The Vietnam casualty roster shows he was wounded on 12 December 1967 with casualty status code "23."  This code indicates he was "hostile wounded in action, hospitalized."

11.  Review of the Awards and Decorations Computer-Assisted Retrieval System, 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 orders for the Purple Heart pertaining to him.

12.  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 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.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit, 1st Battalion, 27th Infantry, was cited for the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January 1966 - August 1968 by Department of Army General Orders Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1966 - 21 January 1970 by Department of Army General Orders Number 51, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Bronze Star Medal with "V" Device and Bronze Star Medal (2nd Award) during his period of service in Vietnam.  Therefore, he is entitled to correction to his DD Form 214 to show these awards.
2.  There are no general orders that show he was awarded the Purple Heart.  However, the evidence of record and the Vietnam casualty roster show he was wounded as a result of hostile action in Vietnam on 12 December 1967, he received treatment, and the treatment was made a matter of official record.  Despite the lack of general orders awarding him the Purple Heart, the evidence shows he is qualified for award of the Purple Heart.  Therefore, he is entitled to award of the Purple Heart and correction of his DD Form 214 to show this award.

3.  The evidence of record appears to show he met the criteria for the first award of the Army Good Conduct Medal and there is no evidence of record which shows he was disqualified by his commander for this award.  Therefore, he is entitled to the Army Good Conduct Medal (1st Award) for the period 15 August 1966 through 20 May 1968 and correction of his DD Form 214 to show this award.

4.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for his period of service in Vietnam.  Therefore, it would be appropriate to correct his DD Form 214 to show these unit awards.

5.  In view of the foregoing, his records should be corrected as recommended below.

BOARD VOTE:

___X____  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

* awarding him the Army Good Conduct Medal (First Award) for the period 15 August 1966 through 20 May 1968

* deleting from Item 24 of his DD Form 214 the entry, Basic Missileman Badge with "V" Device
* adding the following awards to Item 24 on his DD Form 214:

* Purple Heart
* Bronze Star Medal with "V" Device and 2nd Award
* Army Good Conduct Medal (1st Award)
* 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)                                         AR20110016494





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ABCMR Record of Proceedings (cont)                                         AR20110016494



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