IN THE CASE OF:	  

		BOARD DATE:  3 May 2012

		DOCKET NUMBER:  AR20110021597 


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 awards of the Purple Heart, Army Good Conduct Medal, and the Presidential Unit Citation, and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show these awards.

2.  The applicant states he was wounded by a gunshot wound in Vietnam on 17 April 1967 and he was never awarded the Purple Heart.  He should receive an Army Good Conduct Medal as his record is perfect with nothing negative in it.  The Presidential Unit Citation was awarded to his unit after he left the Army.  He did not know he could request correction of his records.

3.  The applicant provides:

* his DD Form 214
* two pages of a letter issued by Headquarters, 1st Battalion, 12th Cavalry, 1st Cavalry Division, subject:  Presidential Unit citation, dated 7 December 1966

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 14 December 1965 and he held military occupational specialty 11C (Indirect Fire Infantryman).  He served in Vietnam with Company D, 1st Battalion, 12th Cavalry, 1st Calvary Division from 21 July 1966 to 17 July 1967.

3.  His record contains a DD Form 728 (Doctor's Orders), dated 17 April 1967, that shows he received a gunshot wound to the left ankle on that date and was admitted for treatment.

4.  A letter from The Adjutant General to the applicant's Congressman, dated 6 June 1967, stated the applicant received a gunshot wound to his left ankle on 18 April 1967 and he was hospitalized at the 6th Convalescent Center, Vietnam.  His prognosis was good and he was expected to be returned to duty within a week.  Army regulations required that all wounds received as the result of hostile action were reported and notification was made on all seriously ill reports.  The applicant requested no official notification be made and since his wound was not medically categorized as serious, his request was honored.

5.  He was honorably released from active duty on 13 December 1967 in the rank/grade of sergeant (SGT)/E-5 and was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed 2 years of creditable active service with no time lost.

6.  His DD Form 214 shows he was awarded the:

* Vietnam Service Medal with one bronze service star
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* Air Medal
* Silver Star
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Mortar Bar
* National Defense Service Medal


7.  His record does not contain orders for the Purple Heart.

8.  Item 40 (Wounds) of his DA Form 20 contains the entries "Gunshot, Left Ankle - 17 April 1967" and "Right Arm, Hand Grenade Wounds - 17 April 1967."

9.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record is void of any record of disciplinary actions or a commander's disqualification for the first award of the Army Good Conduct Medal.

10.  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.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of his assignment to the 1st Battalion, 12th Cavalry, this unit was cited for award of the:

* Presidential Unit Citation for the period 2 through 3 October 1966 by Department of the Army General Order (DAGO) Number 47, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 through 19 May 1969 by DAGO Number 56, dated 1969

12.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance for 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, participation credit was awarded for the following two campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was wounded in Vietnam on 17 April 1967 during hostile action and he was treated for those wounds.  Therefore, he is entitled to award of the Purple Heart and correction of his DD Form 214 to show this award.
2.  He served honorably from 14 December 1965 through 13 December 1967.  He served in Vietnam, he was awarded a Silver Star, he received all "excellent" conduct and efficiency ratings throughout his military service, and he attained the rank of SGT.  His record is void of any derogatory information that would have disqualified him from receiving his first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.

3.  General orders awarded the applicant's unit in Vietnam the Presidential Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

4.  His record confirms he participated in two campaigns while serving in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

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:

* deleting from his DD Form 214 the Vietnam Service Medal
* awarding him the Purple Heart for wounds received in action in Vietnam on 17 April 1967
* awarding him the Army Good Conduct Medal (1st Award) for the period 14 December 1965 through 13 December 1967
* adding to his DD Form 214 the: 

* Purple Heart


* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Presidential Unit Citation
* 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)                                         AR20110021597



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ABCMR Record of Proceedings (cont)                                         AR20110021597



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