IN THE CASE OF:	  

		BOARD DATE:  22 March 2012

		DOCKET NUMBER:  AR20110017386 


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 and Combat Infantryman Badge.

2.  The applicant states his DD Form 214 does not reflect award of the Purple Heart for an injury he sustained to his right arm as a result of a mortar round explosion.  In addition, he feels he is entitled to the Combat Infantryman Badge based on his participation in the Battle of Dak To while assigned to Company A, 3rd Battalion, 8th Infantry, 4th Infantry Division, in Vietnam.

3.  The applicant provides his 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 17 January 1966 and he held military occupational specialty 11B (Light Weapons Infantryman).  He served in Vietnam in Company A, 3rd Battalion, 8th Infantry, 4th Infantry Division, from on or about 24 February 1967 to 8 January 1968.

3.  His DA Form 20 (Enlisted Qualification Record) shows Special Orders Number 161 issued by Headquarters, 4th Infantry Division, dated June 1967, awarded him the Combat Infantryman Badge.

4.  General Orders Number 170 issued by the 85th Evacuation Hospital (Semi-Mobile), dated 11 November 1967, awarded him the Purple Heart for wounds received in action on 9 November 1967.

5.  He was honorably released from active duty on 9 January 1968 and transferred to the U.S. Army Reserve Control Group (Annual Training).  He completed 1 year, 11 months, and 23 days of creditable active service.

6.  Item 24 of his DD Form 214 shows the:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and Machine Gun Bar (M-60)

7.  Item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no derogatory information in his file that would have disqualified him from receiving the first award of the Army Good Conduct Medal.

8.  Army Regulation 672-5-1 (Decorations and 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 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.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his service with the 3rd Battalion, 8th Infantry, 4th Infantry Division, his unit was cited for awards of the:

* Presidential Unit Citation for service from 18-26 May 1967 based on Department of the Army General Orders (DAGO) Number 69, dated 1969
* Presidential Unit Citation for service from 29 October to 30 November 1967 based on Department of the Army General Orders (DAGO) Number 38, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 October 1966 to 28 July 1969 based on DAGO Number 3, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 1 October 1966 to 31 October 1969 based on DAGO Number 53, dated 1970

10.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that during his service in Vietnam participation credit was awarded for the following campaigns.  A bronze service star is awarded for wear on the Vietnam Service Medal for participation in each campaign.

* Vietnam Counteroffensive Phase II – 1 July 1966-31 May 1967
* Vietnam Counteroffensive Phase III – 1 June 1967-29 January 1968

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Purple Heart for wounds sustained in action in Vietnam on 9 November 1967.  He is entitled to have this award listed on his DD Form 214.

2.  His DA Form 20 shows special orders awarded him the Combat Infantryman Badge in June 1967.  He is entitled to have this award listed on his DD Form 214.

3.  General orders awarded his unit the Presidential Unit Citation (two awards), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his DD Form 214.  He is entitled to have these unit awards listed on his DD Form 214.

4.  He was awarded the Vietnam Service Medal.  Additionally, he participated in two campaigns while serving in the Republic of Vietnam.  He is entitled to two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

5.  He served honorably from 17 January 1966 through 9 January 1968.  He served a qualifying period of service and he received "excellent" conduct and efficiency ratings throughout his service with no disciplinary actions or a commander's disqualification.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 17 January 1966 through 9 January 1968 and

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

* Purple Heart
* Army Good Conduct Medal (1st Award)
* two bronze service stars for his previously-awarded Vietnam Service Medal
* Presidential Unit Citation (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Combat Infantryman Badge



      _______ _   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)                                         AR20110017386



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110017386



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1