IN THE CASE OF:	  

		BOARD DATE:  3 May 2012

		DOCKET NUMBER:  AR20110021920 


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 awards of the Purple Heart and Bronze Star Medal with "V" Device
* Replacement medals for all of his awards

2.  The applicant states he is providing the orders and two certificates to support his request.  All of his medals were lost in a fire and he is requesting they be replaced and the Purple Heart and Bronze Star Medal with "V" Device be reissued.

3.  The applicant provides orders and two certificates.

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's records show he enlisted in the Regular Army on 14 August 1967 and he held military occupational specialty 76Y (Supply Specialist).  He served in Vietnam from 5 May 1968 to 4 May 1969 while assigned to the 2nd Battalion, 327th Infantry.

3.  General Orders Number 4078, dated 3 May 1969, issued by Headquarters, 101st Airborne Division, awarded him the Bronze Star Medal with "V" Device for heroism in ground combat against a hostile force in Vietnam on 1 June 1968.

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

5.  He was honorably released from active duty on 8 June 1970 and transferred to the U.S. Army Reserve.  He completed 2 years, 9 months, and 25 days of creditable active service with no time lost.

6.  The DD Form 214 he was issued shows award of the:

* National Defense Service Medal
* Vietnam Campaign Medal
* Parachutist Badge
* Army Commendation Medal
* Vietnam Service Medal
* Bronze Star Medal

7.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) contains the entry "Fragment [Wound], Right Elbow and Back - 1 June 1968."

8.  A review of The Adjutant General's Casualty Division's Vietnam casualty listing shows the applicant's name is listed as a casualty on 1 June 1968 under casualty status code "23."  This casualty code refers to "hostile wounded in action, hospitalized."

9.  A review of his record indicates entitlement to additional awards.

10.  Item 29 (Qualification in Arms) of his DA Form 20 shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60).

11.  Item 38 (Record of Assignments) of his DA Form 20 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 award of the Army Good Conduct Medal.

12.  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.

13.  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 four campaigns:

* Vietnam Counteroffensive Phase IV (2 April-30 June 1968)
* Vietnam Counteroffensive Phase V (1 July-1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* TET 69 Counteroffensive 1969 (23 February-8 June 1969)

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of his assignment to the 2nd Battalion, 327th Infantry, this unit was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 July 1968-14 May 1969 by Department of the Army General Order (DAGO) Number 43, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968-2 May 1970 by DAGO Number 48, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Bronze Star Medal with "V" Device which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  His record confirms he was wounded in Vietnam on 1 June 1968 during hostile action and treated for those wounds.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  He served honorably from 14 August 1967 through 8 June 1970.  He served in Vietnam, was awarded a Bronze Star Medal with "V" Device for heroism in combat, and received "excellent" conduct and efficiency ratings throughout his military service.  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 first award of the Army Good Conduct Medal based on completion of a qualifying period of Federal military service and correct his DD Form 214 to show this award.

4.  He participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to award of four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.

5.  He was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these badges.

6.  General orders awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he was assigned to the unit.  Therefore, his DD Form 214 should be corrected to show these unit awards.

7.  For Army personnel, requests for the issuance or replacement of military service medals, decorations, awards, badges, and corresponding accouterments should be directed to the National Personnel Records Center (NPRC).  The NPRC will verify the awards to which a veteran is entitled and forward the request with the verification to the appropriate service department for issuance of the medals.  Written requests with appropriate supporting evidence may be addressed to the National Personnel Records Center, 1 Archives Drive, St. Louis, MO  63138.  Once verified, the replacement medals and devices are shipped to the veteran by the U.S. Army Tank Automotive and Armaments Command, Clothing and Heraldry (PSID), Post Office Box 57997, Philadelphia, PA  19111.

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: 

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 14 August 1967 through 8 June 1970
* deleting the Vietnam Service Medal and Bronze Star Medal from his DD Form 214 and adding the: 

* Bronze Star Medal with “V” Device
* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Machine Gun Bar
(M-60)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 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)                                         AR20110021920





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ABCMR Record of Proceedings (cont)                                         AR20110021920



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