IN THE CASE OF:	  

		BOARD DATE:	    24 April 2012

		DOCKET NUMBER:  AR20110020658 


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 award of the:

* Purple Heart
* Army Commendation Medal
* Bronze Star Medal with "V" Device

2.  The applicant states that although he earned these awards, they are not listed on his DD Form 214.

3.  The applicant provides:

* DD Form 214
* Purple Heart Certificate
* Army Commendation Medal Certificate
* Bronze Star Medal with "V" Device Certificate

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 of the United States on 3 April 1968.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  The highest rank/grade he attained while on active duty was specialist four (SP4)/E-4.

3.  Special Orders Number 130, Headquarters, U.S. Army Training Center, Fort Campbell, KY, dated 21 May 1968, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  Special Orders Number 187, Headquarters, U.S. Army Training Center, Fort Lewis, WA, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  The applicant's records contain a Western Union Telefax showing he was wounded in Vietnam as a result of hostile action on 1 February 1969.

6.  General Orders Number 3855, Headquarters, 9th Infantry Division, Vietnam, dated 31 March 1969, show the applicant was awarded the Bronze Star Medal with "V" Device for heroism in action in the Republic of Vietnam on 1 February 1969.

7.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows service in U.S. Army Pacific – Republic of Vietnam for the period 2 October 1968 to 2 March 1969.

8.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows:

* he was assigned to Company B, 2nd Battalion, 60th Infantry, 9th Infantry Division, in U.S. Army Pacific from October 1968 to 25 February 1969
* he was in a patient status beginning on 26 February 1969

9.  Item 40 (Wounds) of the applicant's DA Form 20 shows "gunshot wound, face, loss of right eye" on 1 February 1969.

10.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show award of the Purple Heart, Army Commendation Medal, or Bronze Star Medal with "V" Device.

11.  A review of his personnel service records failed to show evidence that he was ever awarded or recommended for award of the Army Commendation Medal.

12.  The applicant's name appears on the Vietnam casualty roster for wounds received in connection with military ground operations against a hostile force.

13.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for award of the Purple Heart or Army Commendation Medal pertaining to the applicant.

14.  On 30 September 1969, the applicant was medically retired due to a permanent disability.  His DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Machine Gun and Rifle Bars

15.  His available records show he received all "excellent" conduct and efficiency ratings throughout his service and do not contain any derogatory information or a commander's disqualification for award of the Army Good Conduct Medal.

16.  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 the 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.  A Soldier's conduct and efficiency ratings must have been all recorded as "excellent."  There must have been no convictions by court-martial.

17.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify 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.

18.  Army Regulation 600-8-22 states the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

19.  Army Regulation 600-8-22 provides for award of the Vietnam Service Medal.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  During his tour in Vietnam, he participated in the Vietnam Counteroffensive Phase V and Vietnam Counteroffensive Phase VI Campaigns.

20.  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.  The unit to which the applicant was assigned while serving in the Republic of Vietnam was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 59, dated 1969, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 59, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show award of the Purple Heart, Army Commendation Medal, and the Bronze Star Medal with "V" Device was carefully considered and determined to have partial merit.

2.  The preponderance of evidence shows he incurred a gunshot wound to his face as the direct result of hostile action while serving in the Republic of Vietnam on 1 February 1969.  Therefore, this is accepted as sufficient evidence with which to correct his DD Form 214 to show receipt of this award.

3.  General orders awarded him the Bronze Star Medal with "V" Device.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  His records show he was awarded the Vietnam Service Medal.  The evidence shows he participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to two bronze service stars with his previously-awarded Vietnam Service Medal.

5.  The evidence of record shows he completed a period of honorable service during which he received all "excellent" conduct and efficiency ratings and had no convictions by court-martial.  Additionally, there is no evidence he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for the period 3 April 1968 through 29 September 1969 and is entitled to correction of his DD Form 214 to show this award.

6.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  However, his DD Form 214 only shows the Expert Marksmanship Qualification Badge with Rifle Bar and does not specify the weapon.  Therefore, he is entitled to correction of his DD Form 214 to show both marksmanship badges.

7.  General orders awarded the unit to which the applicant was assigned the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

8.  With respect to the Army Commendation Medal, there is no evidence in his records and, aside from the certificate, he did not provide substantiating evidence that shows he was recommended for or awarded the Army Commendation Medal.  As such, there is insufficient evidence to correct his DD Form 214 to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X___  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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.  awarding him the Army Good Conduct Medal (1st Award) for the period 3 April 1968 through 29 September 1969,

	b.  deleting the Expert Marksmanship Qualification Badge with Rifle Bar from his DD Form 214, and

	c.  adding the following awards to his DD Form 214:

* Bronze Star Medal with "V" Device
* Purple Heart
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* two bronze service stars for his previously-awarded Vietnam Service Medal

2.  The Board further determined 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 Army Commendation Medal.

3.  This action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.




      __________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)                                         AR20110020658



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ABCMR Record of Proceedings (cont)                                         AR20110020658



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