BOARD DATE:	  24 April 2012

		DOCKET NUMBER:  AR20110020855 


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) for the period ending 20 December 1971 to show:

* Two awards of the Purple Heart
* Three awards of the Bronze Star Medal with “V” Device
* Two awards of the Army Commendation Medal with “V” Device

2.  He states he/his:

* finished high school in June 1966 and was drafted at Fort Jackson, SC
* completed basic training (Fort Gordon, GA), advanced individual training (Fort Jackson, SC), and Parachutist School (Fort Benning, GA)
* graduated from the Noncommissioned Officer Course (NCOC) in 1968 
* served in Vietnam from 1969 through June 1970
* DD Form 214 is incorrect
* served as a staff sergeant (SSG) for 9 months while at Fort Jackson, SC and in Germany
* service ended in 1972 at Fort Jackson, SC

3.  He provides orders for award of the Purple Heart; Bronze Star Medal; Army Commendation Medal; NCOC 30, 73rd Company Graduation 10 July 1968 with pictures; promotion orders; and USARV Form 130 (U.S. Army Vietnam Casualty Report Format).  


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 13 November 1967.  He completed basic and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  He later completed basic airborne training.

3.  On 31 May 1968, he accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice for being absent from his unit from 30 to 31 May 1968.  

4.  He was honorably discharged on 27 February 1969.  His DD Form 214 for this period shows award of the Parachutist Badge and National Defense Service Medal.

5.  He enlisted in the Regular Army on 28 February 1969.  He served in Vietnam from 28 April 1969 to 1 April 1970 with Company B, 2nd Battalion, 2nd Infantry Regiment, 1st Infantry Division.  

6.  He provided Headquarters, 93rd Evacuation Hospital, General Orders Number 159, dated 10 June 1969, which indicate he was awarded the Purple Heart for wounds received in action on 9 June 1969.  

7.  He provided orders published by Headquarters, 1st Infantry Division which show he was awarded the:  

	a.  Purple Heart for wounds received in action on 9 June 1969 by General Orders Number 5305, dated 13 June 1969 (for the same wound that is shown in General Orders Number 159, dated 10 June 1969); 

	b.  Purple Heart (First Oak Leaf Cluster) (indicating 2nd Award) for wounds received in action on 6 June 1969 by General Orders Number 14050; 

   c.  Bronze Star Medal for meritorious service from November 1968 to November 1969 by General Orders Number 13461, dated 21 October 1969;

	d.  Bronze Star Medal with “V” Device for action on 2 July 1969 by General Orders Number 14080, dated 9 November 1969; 

	e.  Bronze Star Medal (Second Oak Leaf Cluster) (indicating 3rd Award) for meritorious service from May 1969 to April 1970 by General Orders Number 2946, dated 25 February 1970; 

	f.  Army Commendation Medal with “V” Device for action on 28 July 1969 by General Orders Number 13111, dated 21 October 1969; and 

	g.  Army Commendation Medal (First Oak Leaf Cluster) (indicating 2nd Award) for meritorious achievement from 15 June to 26 November 1969 by General Orders Number 17746, dated 26 December 1969.  

8.  His DA Form 20 shows in:

* item 31 (Foreign Service), he served in Vietnam from 28 April 1969 to 1 April 1970
* item 33 (Appointments and Reductions), he was promoted to SSG/E-6 on 6 September 1969
* item 38 (Record of Assignments), he received "excellent" conduct and efficiency ratings throughout his active service
* item 40 (Wounds), he sustained a fragment wound to his left leg on 6 June 1969 and a fragment wound to his upper lip on 9 June 1969
* item 41 (Awards and Decorations), he was issued two awards of the Purple Heart, three awards of the Bronze Star Medal including one award with “V” Device, and two awards of the Army Commendation Medal

9.  His name is listed on the Vietnam Casualty Roster which shows he was wounded in action on 6 and 9 June 1969.

10.  His service record shows he accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice on two occasions, once for behaving with disrespect towards his superior commissioned officer and once for failing to obey a written regulation (three specifications).  

11.  He was released from active duty 20 December 1971 in the rank of SSG.  He completed 4 years and 18 days of total active service with no recorded lost time.  His service record does not indicate he was disqualified by his commander for the Army Good Conduct Medal (1st Award).  

12.  His DD Form 214 for the period ending 20 December 1971 shows the:

* National Defense Service Medal
* Parachutist Badge
* Vietnam Service Medal
* Combat Infantryman Badge
* Army Commendation Medal
* Two Overseas Service Bars
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Republic of Vietnam Campaign Medal with Device (1960)
* Bronze Star Medal with “V” Device and 2nd Oak Leaf Cluster

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 unit to which the applicant was assigned was cited for award of the:  

   a.  Valorous Unit Award for the period 23 to 25 May 1969 by Department of the Army General Orders (DAGO) Number 50, dated 1971.
   
   b.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 5 June to 6 September 1969 by DAGO Number 2, dated 1971.
   
   c.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1965 to 7 April 1970 by DAGO Number 53, dated 1970.

14.  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 Tet 69 Counteroffensive, Vietnam Summer – Fall, and Vietnam Winter - Spring 1970 campaigns.  

15.  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.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.  

16.  Army Regulation 600-8-22 states only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.  

DISCUSSION AND CONCLUSIONS:

1.  General orders published by the 93rd Evacuation Hospital and the 1st Infantry Division both indicate the applicant was awarded the Purple Heart for wounds received in action on 9 June 1969.

2.  General orders published by the 1st Infantry Division also indicate he was awarded the Purple Heart for wounds received in action on 6 June 1969.  Therefore, his DD Form 214 for the period ending 20 December 1971 should be amended to reflect two awards of the Purple Heart for wounds received on 6 and 9 June 1969.  

3.  The applicant’s request for correction of his discharge document to reflect three awards of the Bronze Star Medal is acknowledged.  However, his DD Form 214 for the period ending 20 December 1971 reflects the Bronze Star Medal with “V” Device and Second Oak Leaf Cluster.  This entry already shows three awards of the Bronze Star Medal.  Therefore, this portion of his request will not be further discussed in this Record of Proceedings.

4.  General orders show the applicant was awarded two awards of the Army Commendation Medal, one for valor and one for meritorious achievement.  Therefore, his DD Form 214 for the period ending 20 December 1971 should be amended to reflect the Army Commendation Medal with “V” Device (1st Oak Leaf Cluster).  

5.  It appears he met the regulatory requirements for the Army Good Conduct Medal (1st Award) for a qualifying period of service from 13 November 1967 through 12 November 1970.  Although he received three Article 15s during the time that he served he received all "excellent" conduct and efficiency ratings.  He also received numerous awards and he was promoted to SSG.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 for the period ending 20 December 1971 should be corrected to show this award.

6.  He was assigned to a unit in Vietnam during a period the unit was cited for award of the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 20 December 1971 to show these awards.   

7.  He received credit for participation in three campaigns during the Vietnam War.  Therefore, his DD Form 214 for the period ending 20 December 1971 should be amended to reflect three bronze service stars for wear on his already-awarded Vietnam Service Medal.

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 the DD Form 214 for the period ending 20 December 1971 of the individual concerned be corrected by:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 13 November 1967 through 12 November 1970;

	b.  deleting the Vietnam Service Medal; and

	c.  adding the Purple Heart (First Oak Leaf Cluster), Army Commendation Medal with “V” Device (First Oak Leaf Cluster), Army Good Conduct Medal 
(1st Award), Vietnam Service Medal with three bronze service stars, Valorous 









Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.



      _______ _   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)                                         AR20110020855



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ABCMR Record of Proceedings (cont)                                         AR20110020855



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