IN THE CASE OF:	  

		BOARD DATE:	  12 April 2012

		DOCKET NUMBER:  AR20110019808 


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
* Bronze Star Medal

2.  He states he earned the above awards. 

3.  The applicant provides the following documents:

* Purple Heart Certificate, dated 15 November 1970
* Bronze Star Medal Certificate, dated 3 December 1970
* 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's records show he was inducted into the Army of the United States on 2 September 1969 and he held military occupational specialty 11B (Light Weapons Infantryman).  

3.  Special Orders (SO) Number 294, issued by Headquarters, U.S. Army Training Center, Fort Campbell, KY, dated 22 October 1969, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  SO Number 005, issued by Headquarters, U.S. Army Training Center, Fort Polk, LA, dated 6 January 1970, awarded him the:

* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60)

5.  He served in Vietnam from 3 February to 20 December 1970.  He was assigned to Company A, 1st Battalion, 61st Infantry.  

6.  General Orders (GO) Number 2103, issued by Headquarters, 1st Infantry Brigade, 5th Infantry Division, on 6 December 1970, awarded him the Bronze Star Medal.

7.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows the applicant was "not seriously wounded, laceration to skull on 15 January 1970."  Additionally, his separation physical reflects the entry “wounded in action, 15 January 1970.”  He also submitted a certificate that shows he was awarded the Purple Heart for wounds received in action on 15 January 1970.

8.  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 1 September 1971.  His DD Form 214 shows the: 

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal with “1960” Device
* Combat Infantryman Badge

9.  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.

10.  A review of his service 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 shows he received "excellent" conduct and efficiency ratings throughout his military service.

11.  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.

12.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his tenure with the 1st Battalion, 61st Infantry, this unit was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO Number 8, dated 1974
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation based on DAGO Number 24, dated 1972

13.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states 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, campaign participation credit was awarded for the:

* Vietnam Winter-Spring 1970, 1 November 1969—30 April 1970
* DA Sanctuary Counteroffensive, 1 may 1970 to 30 June 1970
* Vietnam Counteroffensive, Phase VII, 1 July 1970—30 June 1971

DISCUSSION AND CONCLUSIONS:

1.  The applicant was wounded on 15 January 1970 as evidenced by the entry on his DA Form 20, his separation physical, and the certificate he provides which shows he was awarded the Purple Heart for wounds received in action on 
15 January 1970.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  GOs awarded him the Bronze Star Medal which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  GOs awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show both unit awards.

4.  He served honorably from 2 September 1969 through 1 September 1971.  He completed a combat tour in Vietnam, attained the rank/grade of SP4/E-4, received multiple awards, and received "excellent" efficiency and conduct ratings throughout his military service.  His records contain 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 and correct his DD Form 214 to show this medal.

5.  He was awarded the Vietnam Service Medal.  Additionally, he participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to three bronze service stars to be affixed to the Vietnam Service Medal.

6.  He was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these badges. 

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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 2 September 1969 through 1 September 1971
* adding to his DD Form 214 the:

* Purple Heart
* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* Three bronze service stars to be affixed to his already-awarded Vietnam Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Machine Gun Bar     (M-60)



      _______ _   __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)                                         AR20110019808



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ABCMR Record of Proceedings (cont)                                         AR20110019808



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