BOARD DATE:	 15 March 2012 

		DOCKET NUMBER:  AR20110018030 


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 Purple Heart
* Two awards of the Bronze Star Medal

2.  He states the requested awards should have been entered on his 
DD Form 214 prior to his separation.

3.  The applicant provides certificates showing awards of the:

* Purple Heart, dated 15 October 1967
* Bronze Star Medal, dated 10 July 1968
* Bronze Star Medal, dated 18 July 1968

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 enlisted in the Regular Army on 18 November 1965 for a period of 3 years.  He held military occupational specialty 13B (Light and Medium Artillery Crewman).

3.  Special Orders (SO) Number 18, issued by Headquarters, U.S. Army Training Center, Armor, Fort Knox, KY, dated 18 January 19166, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  He served in Vietnam from 18 May 1967 to 15 May 1968.  He was assigned to A and B Battery, 2nd Battalion, 320th Artillery.

5.  General Order (GO) Number 162, issued by Headquarters, 85th Evacuation Hospital, dated 20 October 1967, awarded him the Purple Heart for wounds received in action in Vietnam on 15 October 1967.

6.  GO Number 2436, issued by Headquarters, 1st Brigade, 101st Airborne Division, dated 31 October 1967, awarded him the Army Commendation Medal with "V" Device for heroism in Vietnam on 18 August 1967.

7.  GO Number 3310, issued by Headquarters, 101st Air Cavalry Division, dated 10 July 1968, awarded him the Bronze Star Medal with "V" Device for heroism in Vietnam on 15 October 1967.

8.  GO Number 3714, issued by the same headquarters, dated 18 July 1968, awarded him the Bronze Star Medal for meritorious service in Vietnam during the period 18 May 1967 to 17 May 1968.

9.  The applicant was honorably released from active duty in the rank/grade of corporal (CPL)/E-4 on 15 November 1968 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  Item 24 (Decorations, Medals, Badges, 

Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* Bronze Star Medal
* Parachutist Badge

10.  A review of his service record shows he received nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ) on 9 March 1968 for failing to be at his appointed place of duty.

11.  Aside from the above NJP, his record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Furthermore, item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his military service.

12.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 2nd Battalion, 320th Artillery, was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 through 2 May 1970 by Department of the Army General Orders (DAGO) Number 49, dated 1971.

14.  Department of the Army Pamphlet 672-3, paragraph 6d states that DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

15.  Army Regulation 600-8-22 (Military Awards), 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 Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Purple Heart for wounds received in action in Vietnam.  Therefore, his DD Form 214 should be corrected to show the Purple Heart.

2.  General orders awarded him two awards of the Bronze Star Medal, one with a "V" Device for heroism.  Therefore, his DD Form 214 should be corrected to the Bronze Star Medal (2nd Award) and with "V" Device.

3.  General orders awarded him the Army Commendation Medal with a "V" Device for heroism.  His DD Form 214 lists this award but omitted the "V" Device. Therefore, his DD Form 214 should be corrected to show the Army Commendation Medal with "V" Device.

4.  He served honorably from 18 November 1965 through 15 November 1968.  He completed a combat tour in Vietnam, attained the rank/grade of CPL/E-4, received multiple valor awards, and received all "excellent" efficiency and conduct ratings throughout his military service.  Aside from his minor NJP, his record contains no derogatory information that would have disqualified him from receiving the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.

5.  All units in Vietnam were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

6.  The applicant's unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

7.  The applicant participated in four campaigns while serving 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.

8.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, his DD Form 214 should be corrected to show this qualification badge.

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.  deleting from item 24 of his DD Form 214 the:

* Bronze Star Medal
* Army Commendation Medal
* Vietnam Service Medal

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
18 November 1965 through 15 November 1968;

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

* Purple Heart
* Bronze Star Medal (2nd Award) and with "V" Device 
* Army Commendation Medal with "V" Device
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)



      __________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)                                         AR20110018030



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ABCMR Record of Proceedings (cont)                                         AR20110018030



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