BOARD DATE:	  18 April 2012

		DOCKET NUMBER:  AR20110021312 


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 (Report of Transfer or Discharge) to list the Bronze Star Medal with 1st Oak Leaf Cluster and the Purple Heart.

2.  The applicant states he was awarded these decorations.

3.  The applicant provides copies of the award certificates for the Bronze Star Medal with 1st Oak Leaf Cluster and the Purple Heart and orders for the former.

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 on 5 August 1969, completed training and was posted to Vietnam. 
3.  His DA Form 20 (Enlisted Qualification Record) shows in item:

* 31. Record of Assignments – he served with Headquarters and Headquarters Company, 523rd Signal Battalion from 16 January to 26 November 1970 – he had excellent conduct and efficiency ratings 
throughout his active duty service
* 39. Campaigns – service in one un-named campaign period
* 40. Wounds – "FW neck (L) Forearm" (undated)
* 41. Awards and Decorations – National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device "1960"

4.  His Military Personnel Record Jacket and Official Military Personnel File contain copies the award certificates for the Bronze Star Medal with 1st Oak Leaf Cluster and the Purple Heart, the orders for the Bronze Star Medal with 1st Oak Leaf Cluster, a message and the associated telegram to inform the applicant's parents that he had been slightly wounded by fragments to the neck and left arm when the base camp had been attacked on 5 May 1970.  He is listed on the Vietnam Casualty list.

5.  The applicant was honorably released from active duty and transferred to the U.S. Army Reserve on 2 August 1971.  Item 24 of his DD Form 214 lists his awards at the National Defense Service Medal, Vietnam Commendation Medal (sic), Vietnam Service Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar.

6.  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.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  The applicant's tour of duty coincided with following three campaign periods; Vietnam Winter - Spring 1970 from 1 November 1969 to 30 April 1970, Sanctuary Counteroffensive 1 May to 30 June 1970, Vietnam Counteroffensive Phase VII from 1 July 1970 - 30 June 1971.


   c.  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.
   
7.  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.  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.

8.  Army Pamphlet 672-3 shows that the 523rd Signal Battalion was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 31 March through 30 June 1970 by Department of the Army General Order 42 of 1972.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was treated for wounds sustained as the result of enemy action.  Given that he only asked that the Purple Heart be added to his DD Form 214, it was apparently already awarded.

2.  The orders show he was awarded the Bronze Star Medal with Oak Leaf Cluster.  It should be added to his DD Form 214.

3.  The applicant distinguished himself by his wartime service, his advancement to pay grade E-4 and his exclusively excellent ratings.  The absence of a commander's recommendation is presumed to be an oversight.  At that point in time, it was the norm for Soldiers who served less than 3 years to simply not be processed to receive the Good Conduct Medal.  They mostly seemed to have been simply overlooked.  The applicant should be awarded the Good Conduct Medal and it should be added to his DD Form 214.

4.  The applicant also qualified for the Republic of Vietnam Campaign Medal with Device (1960), the Republic of Vietnam Gallantry Cross with Palm Unit Citation and three bronze service stars for wear on the Vietnam Service Medal.  These should also be added to his DD Form 214.
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:

   a.  awarding him the Army Good Conduct Medal for the period 5 August 1969 through 2 August 1971; and 
   
   b.  showing that, in addition to the awards already shown on his 
DD Form 214, he is authorized the Bronze Star Medal with 1st Oak Leaf Cluster, Purple Heart, Army Good Conduct Medal, three bronze service stars for wear on the Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960) and the Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20110021312





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ABCMR Record of Proceedings (cont)                                         AR20110021312



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