IN THE CASE OF:	  

		BOARD DATE:	  17 April 2012

		DOCKET NUMBER:  AR20110020600 


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, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) dated 14 December 1967 be corrected to show his award of the Army Good Conduct Medal (AGCM) and his DD Form 214 dated 15 December 1970 be corrected to show his awards of the Purple Heart and the Army Commendation Medal (ARCOM) with one oak leaf cluster (1OLC).

2.  The applicant states all of his awards are not reflected on his records.

3.  The applicant provides a copy of his DD Forms 214, a copy of orders awarding him the Purple Heart, and copies of citations for awards of the ARCOM.

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 Brooklyn, New York on 13 October 1966.  He completed training as a combat engineer at Fort Leonard Wood, Missouri and was transferred to Fort Belvoir, Virginia where he underwent engineer officer candidate school (OCS).

3.  On 11 December 1967 General Orders Number 107 were published by the U.S. Army Engineer OCS awarding the applicant the AGCM for the period        13 October 1966 to 14 December 1967.

4.  On 14 December 1967 he was honorably discharged to accept a commission as an officer in the Army.  He had served 1 year, 2 months, and 2 days of active service.  His DD Form 214 issued at the time of his discharge shows he was awarded the National Defense Service Medal.

5.  He was commissioned as a U.S. Army Reserve (USAR) engineer second lieutenant on 15 December 1967 with a concurrent call to active duty.  He completed his training and was transferred to Fort Bragg, North Carolina for assignment to the 3d Special Forces Group.

6.  On 4 November 1968 he was transferred to Vietnam and was assigned to Company A, 326th Engineer Battalion, 101st Airborne Division.  He was promoted to the rank of first lieutenant on 15 December 1968.

7.  On 7 May 1969 he was wounded by fragments to his right calf by an artillery round directed at a hostile force while on combat operations.  On 21 May 1969, General Orders Number 5105 issued by Headquarters, 101st Airborne Division awarded the applicant the Purple Heart.

8.  The applicant was evacuated to a hospital in Japan on 15 May 1969 and then to the Army hospital at Fort Dix, New Jersey on 6 June 1969.  He was promoted to the rank of captain on 15 December 1969.

9.  On 15 December 1970 he was honorably retired and was placed on the Temporary Disability Retired List (TDRL) effective 16 December 1970.  His DD Form 214 issued at the time of his retirement shows he was awarded the National Defense Service Medal, the Sharpshooter Marksmanship Qualification Badge with rifle bar, the Army Good Conduct Medal (first award), the Parachutist Badge, and the Vietnam Service Medal. 

10.  General Orders Number 6886 dated 16 June 1969 and General Orders Number 12600 dated 30 September 1969 issued by Headquarters, 101st Airborne Division awarded the applicant the ARCOM and the ARCOM 1OLC, respectively.
11.  A review of the applicant’s records shows that the applicant served 7 months in Vietnam and that he served in three campaigns.

12.  Army Regulation 600-8-22 (Military Awards) 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.  Individuals who qualified for award of the Vietnam Service Medal are also entitled to award of the RVNCM with Device (1960) who served for less than 6 months of service but were wounded as a result of hostile action.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that the applicant's unit was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment to the unit.

14.  Army Regulation 600-8-22 states a bronze service star based on qualifying service for each campaign listed in appendix B will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the AGCM during his first period of service and that award was omitted from his DD Form 214.  Accordingly, the award of the AGCM should be added to this DD Form 214 dated 14 December 1967.

2.  The applicant was awarded the Purple Heart and the ARCOM 1OLC during his period of service ending on 15 December 1970 and those awards were omitted from his DD Form 214 at the time of his retirement.  Accordingly, they should be added to his DD Form 214 dated 15 December 1970 at this time.

3.  The applicant served in Vietnam during three campaigns and thus is entitled to award of three bronze service stars for wear on his already-awarded Vietnam Service Medal.

4.  The applicant also served during a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960) and it should be added to his  DD Form 214.

5.  The applicant’s unit was also awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment to the unit.  Accordingly, it should be added to his DD Form 214 at this time.

BOARD VOTE:

____X____  ___X_____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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:

* Adding the award of the AGCM (first award) to his DD Form 214 dated   14 December 1967
* Deleting the award of the Vietnam Service Medal from his DD Form 214 dated 15 December 1970
* Adding the award of the Vietnam Service Medal with three bronze service stars, Purple Heart, ARCOM 1OLC, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Campaign Medal with Device (1960) to his DD Form 214 dated 15 December 1970




      _______ _   _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)                                         AR20110020600





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ABCMR Record of Proceedings (cont)                                         AR20110020600



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