IN THE CASE OF:	  

		BOARD DATE:	  22 March 2012

		DOCKET NUMBER:  AR20110017648 


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 following:

* Purple Heart
* Army Good Conduct Medal
* Vietnam Service Medal with 2 or 3 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Any other decorations awarded to his unit while he was in Vietnam

2.  The applicant states the awards and decorations were left off his records when he left Vietnam and separated from the Army.

3.  The applicant provides:

* DD Form 214
* A National Personnel Records Center (NPRC) letter, dated 15 March 2010
* DA Form 20 (Enlisted Qualification Record)

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 in the Army of the United States on 22 August 1968.  He completed training and he was awarded military occupational specialty 11F (Operations and Intelligence Specialist).  The highest rank/grade he attained while on active duty was sergeant (SGT)/E-5.

3.  The applicant's DD Form 214 shows in:

	a.  Item 22c (Foreign and/or Sea Service) he completed 10 months and
16 days of foreign service.

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the:

* Bronze Star Medal
* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16)
* 2 Overseas Service Bars

	c.  Item 30 (Remarks) he served in Vietnam from 29 October 1969 to
15 September 1970.

4.  The applicant's DA Form 20 shows in:

	a.  Item 31 (Foreign Service) he served in Vietnam from 29 October 1969 to 13 September 1970.

	b.  Item 38 (Record of Assignments) he was assigned to the following units during his service in Vietnam:

* Headquarters and Headquarters Company (HHC), 1st Battalion, 
28th Infantry, 1st Infantry Division during the period 9 November 1969 through 5 April 1970
* Company D, 1st Battalion, 26th Infantry, 1st Infantry Division from 
6 April through 14 April 1970
* Company C and HHC, 2d Battalion, 506th Infantry from 15 April 1970 to 13 September 1970

	c.  Item 38 he received all "excellent" conduct and efficiency ratings throughout his service.

	d.  Item 40 (Wounds) no entry (is blank).

	e.  Item 41 (Awards and Decorations) the:

* Bronze Star Medal
* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* First Class (Sharpshooter) Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16)
* 2 overseas service bars

5.  The applicant provides a copy of his DD Form 214, DA 20, and a letter from the NPRC that explains the Privacy Act of 1974 and their policy on releasing documents.

6.  Review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), an index of Department of the Army General Orders (DAGO) issued during the Vietnam era between 1965 and 1973, maintained by the Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.

7.  There is no evidence in the available records showing he was awarded the Purple Heart.

8.  There is no evidence in the available record showing he sustained any injuries or was treated for wounds sustained as a result of hostile action.  Additionally, his name does not appear on the Vietnam casualty listing.

9.  There is no evidence of any derogatory information against the applicant or a commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal.

10.  Army Regulation 600-8-22 (Military Awards) states 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.

11.  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, 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 and no convictions by a court-martial.  

12.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns:

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

13.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows awards received by units serving in the Republic of Vietnam.  This regulation shows the units to which the applicant was assigned while serving in the Republic of Vietnam were cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 through 16 October 1968 by Department of the Army General Order (DAGO) Number 21, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 23 September 1969 through 15 February 1970 by DAGO Number 2, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1965 through 7 April 1970 by DAGO Number 53, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 30 October 1968 through 2 May 1970 by DAGO Number 48, dated 1971

15.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information) states that not more than one award of the Republic of Vietnam Gallantry Cross Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request was carefully considered and determined to have partial merit.

2.  He received all "excellent" conduct and efficiency ratings throughout his service, there is no evidence of any derogatory information against him, and there is no record of a commander's disqualification for award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal for the period 22 August 1968 through
15 September 1970 and to correct his DD Form 214 to show this award.

3.  His record shows he was awarded the Vietnam Service Medal.  The evidence shows he participated in four campaign phases during his service in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

4.  General orders awarded the applicant's units two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

5.  The applicant served a qualifying period of service for the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show this award.

6.  There is no evidence of record showing he sustained an injury or that he received treatment for injuries as a result of hostile action.  Neither has the applicant provided any evidence to support an award of the Purple Heart in accordance with the applicable criteria.  Therefore, there is an insufficient evidentiary basis for granting this portion of his request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ____x___  ____x___  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
22 August 1968 through 15 September 1970; and

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

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award)
2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Purple Heart and adding this award to his DD Form 214



      ___________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)                                         AR20110017648



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ABCMR Record of Proceedings (cont)                                         AR20110017648



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