IN THE CASE OF:	  

		BOARD DATE:	  20 March 2012

		DOCKET NUMBER:  AR20110018946 


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 is DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the following:

* Army Good Conduct Medal
* "VCG with Palm" (interpreted to mean the Republic of Vietnam Gallantry Cross with Palm Unit Citation)
* "VCA Honor Medal" (interpreted to mean the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation) 
* a second award of the Purple Heart
* Presidential Unit Citation
* Meritorious Unit Commendation
* Valorous Unit Award

2.  The applicant states the awards were left off upon leaving Vietnam and the Army.

3.  The applicant provides a DD Form 214, letter from the National Personnel Records Center, and a DA Form 20 (Enlisted Qualification Record).

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel did not provide additional evidence of argument.

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 on 27 August 1968 and upon completion of initial entry training he was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  His DA Form 20 shows in:

* item 31 (Foreign Service) he served in Vietnam from 21 January 1969 through 20 January 1970
* item 38 (Record of Assignments) he served with Headquarters and Headquarters Company and B Company of the 2nd Battalion, 506th Infantry while in Vietnam
* item 38 he received all "excellent" conduct and efficiency ratings throughout his service with "unknown" conduct ratings during the period   5 February - 15 March 1969
* item 40 that he was wounded on 7 August 1969 and 15 December 1969

4.  The Vietnam Casualty Roster shows he was wounded as a result of hostile actions on 7 August 1969 and 15 December 1969.

5.  Headquarters, 101st Airborne Division, General Orders Number 11175, dated 
24 August 1969, awarded him the Purple Heart for wounds received in action on 7 August 1969.

6.  There are no orders in his Official Military Personnel File (OMPF) that show he was awarded a second award of the Purple Heart.

7.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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 any orders for the Purple Heart pertaining to the applicant.

8.  His OMPF is also void of any derogatory information or a unit commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal.

9.  On 26 August 1970, he was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 after completing 2 years of active duty service with no time lost.  His DD Form 214 shows the following awards:

* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal
* Combat Infantryman Badge
* Bronze Star Medal
* Army Commendation Medal
* Purple Heart (1st award)
* Air Medal (2nd award)
* Marksman Marksmanship Qualification Badge with Rifle Bar
* 2nd Class Gunner with M-60 Machinegun (now known as the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar)

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

	a.  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.

	b.  A bronze service star is authorized with the Vietnam Service Medal for each campaign a member is credited with participating in while in Vietnam.  Appendix B of this regulation shows the campaigns for Vietnam.  During his tour in Vietnam, he participated in four campaigns:

* Vietnamese Counteroffensive Phase VI (2 November 1968 - 22 February 1969) 
* Tet 69 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)

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.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

12.  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 that during his assignment to the 2nd Battalion, 506th Infantry, it was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 July 1968 to 14 May 1969 by Department of the Army General Orders (DAGO) Number 43, dated 1970 and for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 
3 October 1968 to 2 May 1970 by DAGO Number 48, dated 1971.

13.  Department of the Army Pamphlet 672-3 does not show the 2nd Battalion, 506th Infantry was awarded the Presidential Unit Citation, Meritorious Unit Commendation, or the Valorous Unit Award while he was assigned to that unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Purple Heart for wounds sustained on 
7 August 1969.  There is no orders showing he was awarded a second award of the Purple Heart; however, evidence confirms he was also wounded as a result of hostile action on 15 December 1969.  Therefore, he is entitled to the second award of Purple Heart and correction of his record to show these awards.

2.  The evidence of record shows he received all "excellent" conduct and efficiency ratings except for "unknown" ratings during the period 5 February-
15 March 1969.  His OMPF is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 27 August 1968 through 26 August 1970 and to correct his DD Form 214 to show this award.

3.  He was awarded the Vietnam Service Medal with three bronze service stars; however, he participated in four campaign phases during his service in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

4.  His unit in Vietnam was cited for awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and 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 these unit awards.

5.  There is no evidence showing his unit in Vietnam was awarded the Presidential Unit Citation, Meritorious Unit Commendation, or the Valorous Unit Award while he was assigned to that unit.  Therefore, there is no basis to grant 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 his DD Form 214 the Purple Heart and the Vietnam Service Medal with three bronze service stars;

	b.  awarding him the Purple Heart (2nd award) for wounds sustained as a result of hostile action on 15 December 1969;

	c.  awarding him the Army Good Conduct Medal (1st Award) for the period 27 August 1968 through 26 August 1970;

	d.  adding to his DD Form 214 the following:

* Purple Heart (2nd award)
* 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

 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 the Presidential Unit Citation, Meritorious Unit Commendation, and the Valorous Unit Award.



      ____________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)                                         AR20110018946



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ABCMR Record of Proceedings (cont)                                         AR20110018946



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