BOARD DATE:	  8 March 2012

		DOCKET NUMBER:  AR20110016833 


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.  The applicant states he was wounded in action in Vietnam on 23 April 1969 while assigned to Company D, 1st Battalion, 52nd Infantry, 198th Light Infantry Brigade.  He was presented the award while assigned to Headquarters and Headquarters Company, 2nd Battalion, 81st Armor, 1st Armored Division, Fort Hood, Texas; however, the award is not on his separation document.

3.  The applicant provides, in support of his request, copies of his award documents and DD Form 214.

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 26 August 1968.  He was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) on 17 January 1968.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service):  Vietnam from 20 January 1969 through
 21 January 1970;

	b.  item 38 (Record of Assignments):

		(1)  23rd Administration Company, Replacement Detachment, from
23 January through 2 February 1969;

	 	(2)  Company D, 1st Battalion, 52nd Infantry, 198th Infantry Brigade, from 3 February through 7 June 1969;

		(3)  he was a patient assigned to the Medical Holding Company,
249th General Hospital, from 8 June through 23 July 1969;

	 	(4)  Company D, 1st Battalion, 52nd Infantry, 198th Infantry Brigade, from 24 July through 13 August 1969;

	 	(5)  Company D, 723rd Maintenance Battalion, from 14 August 1969 through an unspecified date; and

	 	(6)  he received "excellent" conduct and efficiency ratings throughout the entire period of his military service;
	
	c.  item 41 (Awards and Decorations):

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* 2 Overseas Service Bars
* Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar

4.  The applicant's DD Form 214 shows he was honorably released from active duty on 11 June 1970 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.

	a.  He completed 1 year, 9 months, and 16 days of net active service that included 1 year and 2 days of foreign service.

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Vietnam Service Medal with 3 bronze service stars, Republic of Vietnam Campaign Medal, Combat Infantryman Badge, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

5.  In support of his request, the applicant provides copies of Headquarters, 6th Convalescent Center, General Orders Number 11, dated 6 May 1969, and a DA Form 4980-14 (Purple Heart Certificate), dated 6 May 1969, that show the applicant was awarded the Purple Heart for wounds received in action in the Republic of Vietnam on 23 April 1969.

6.  A review of The Adjutant General's Office, Casualty Division's Vietnam casualty roster shows the applicant's name is listed as a casualty, on
23 April 1969, under casualty status code "23."  This casualty code refers to "hostile wounded in action, not serious, hospitalized."

7.  A review of the applicant's military personnel records reveals he may be authorized additional awards that are not shown on his DD Form 214.

8.  Headquarters, Americal Division, General Orders Number 11899, dated
18 November 1969, awarded the applicant the Army Commendation Medal for meritorious service in the Republic of Vietnam from January 1969 to January 1970.

9.  A review of the applicant's military personnel records failed to show he was awarded the Army Good Conduct Medal (1st Award).  This records review also failed to reveal any adverse information.

10.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualifying 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.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of the applicant's assignment to Company D, 1st Battalion, 52nd Infantry, the battalion was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period
24 August to 31 December 1969 by Department of the Army General Orders Number 42 (1972).

12.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations:

	a.  Paragraph 2-13 contains the regulatory guidance for the Vietnam Service Medal.  It states that one bronze service star is authorized with this service medal for each Vietnam campaign a member is credited with participating in.

	b.  Table B-1 contains a list of Vietnam Conflict campaigns and shows that during the applicant's service in Vietnam participation credit was awarded for the:

* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet Counteroffensive 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)

DISCUSSION AND CONCLUSIONS:

1.  The Vietnam Casualty Roster shows the applicant was wounded in action on 23 April 1969.  In addition, general orders awarded the applicant the Purple Heart for wounds received in action in the Republic of Vietnam on 23 April 1969.  Thus, it would be appropriate to correct his records to show award of the Purple Heart.

2.  Records show the applicant participated in four campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal.

3.  General orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

4.  Records show the applicant served a qualifying period of active duty enlisted service for the first award of the Army Good Conduct Medal.  He received "excellent" conduct and efficiency ratings and there is no evidence that the applicant's commander denied the applicant award of the Army Good Conduct Medal.  Based on the available evidence, the applicant should be awarded the first award of the Army Good Conduct Medal.
5.  In view of the foregoing, it would be appropriate to correct the applicant's records to show his awards and decorations, as recommended below.

BOARD VOTE:

___x_____  ____x____  ___x__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 (1st Award) for the period
26 August 1968 through 11 June 1970;

	b.  deleting from item 24 of his DD Form 214 the:  "Vietnam Service Medal with 3 Bronze Service Stars" and "Sharpshooter (Rifle)"; and

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

* Purple Heart
* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 4 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar
* Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar
* 2 Overseas Service Bars







2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States are deeply appreciated.  The applicant and all Americans should be justifiably proud of the applicant's service in arms.



      _______ _  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)                                         AR20110016833



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ABCMR Record of Proceedings (cont)                                         AR20110016833



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