IN THE CASE OF:	

		BOARD DATE:	  3 May 2012

		DOCKET NUMBER:  AR20110022272 


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 Separation or Discharge) to show award of the Silver Star (SS) and Purple Heart (PH).  

2.  The applicant states he was awarded the SS by General Orders Number 7059 and was awarded the Purple Heart for wounds received in action on          13 June 1969 in the Republic of Vietnam (RVN).  He also states that these awards were not entered on his DD Form 214 at the time of his discharge.

3.  The applicant provides a copy of General Orders Number 7059, dated 26 July 1969, and PH 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's records show he enlisted in the Hawaii Army National Guard (HIARNG) on 5 November 1967 for a period of 6 years.  He was ordered to active duty on 13 May 1968.  He was trained in and awarded military occupational specialty 11B (Light Weapons Infantryman).  The highest rank/grade he attained while serving on active duty was specialist four/E-4.

3.  The applicant's records show he served in RVN with Company A, 4th Battalion, 3rd Infantry, 11th Infantry Brigade, from 25 April 1969 to 17 December 1969.

4.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he was assigned in a patient status to the Medical Holding Company (MHC) Tripler General Hospital from 1 August 1969 to 17 December 1969, after he suffered a gunshot wound (GSW) on 13 June 1969 during a firefight.

5.  A review of his service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal (AGCM).  Furthermore, item 38 of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service.

6.  The applicant's DD Form 214 shows the following awards:

* Vietnam Campaign Medal
* Vietnam Service Medal
* One overseas service bar
* National Defense Service Medal
* Combat Infantryman Badge

7.  General Orders Number 7059 issued by Headquarters, Americal Division, on 26 July 1969 awarded him the SS for gallantry in action against an armed hostile force in the RVN on 13 June 1969.  The orders also indicate that he suffered a serious wound during a firefight and was treated for those wounds by military personnel.

8.  The applicant's name is listed on the Vietnam casualty roster as having been wounded as a result of hostile action on 13 June 1969.

9.  There are no official orders in this records that show he was awarded the Purple Heart.



10.  Army Regulation 600-8-22 (Military Awards) provides that the PH is awarded for a wound sustained in action against and 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.

11.  A review of the records indicates additional awards not listed on his separation document.

12.  Special Orders Number 49 issued by Headquarters, First Basic Combat Training Brigade, on 14 March 1968 awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). 

13.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the AGCM 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.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his tenure with Company A, 4th Battalion, 3rd Infantry, 11th Infantry Brigade, this unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 24 August 1969 to 31 December 1969 based on Department of the Army General Orders Number 42, dated 1972.

15.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on 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, campaign participation credit was awarded for the:

* Tet 69 Counteroffensive, which extended from 23 February through 8 June 1969
* Vietnam Summer-Fall 1969, which extended from 9 June through 31 October 1969





DISCUSSION AND CONCLUSIONS:

1.  General Orders Number 7059, dated 26 July 1969, awarded the applicant the SS; therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  The applicant was wounded in action on 13 June 1969 in Vietnam as evidenced by his name on Vietnam casualty roster and in the SS citation, and was hospitalized for these wounds.  Therefore, the applicant clearly meets the burden of proof for award of the Purple Heart.

3.  He served honorably from 13 May 1968 through 22 December 1969.  He completed a combat tour in RVN, attained the rank/grade of SP4/E-4, and received "excellent" efficiency and conduct ratings throughout his military service. Lacking any derogatory information on file that would have disqualified him from receiving the first award of the AGCM, it would be appropriate to award the applicant the AGCM and add to his records to show this award.

4.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his records.  Therefore, he is entitled to correction of his records to show this unit award. 

5.  He was awarded the Vietnam Service Medal.  He participated in two campaigns while serving in the RVN; therefore, he is entitled to two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

6.  Special Orders Number 49, dated 14 March 1968, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14); therefore, he is entitled to correction of his DD Form 214 to show this award.  

BOARD VOTE:

____X____  ___X_____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION





BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 AGCM (1st Award) for exemplary behavior, efficiency, and fidelity during the period 13 May 1968 to 22 December 1969

* adding to his DD Form 214 the:

* SS
* PH
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* two bronze service stars to be affixed to his already-awarded Vietnam Service Medal
* AGCM




      _______ _   __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.




















10.  The applicant's records contain a copy of DA Form 8-118 (Medal Board Proceedings [MEB]), dated 20 April 1973, which indicates he received a gunshot wound (GSW) to his left hip with fracture of his left acetabulum and left elbow with fracture of left olecranon.


5.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not reflect a combat wound or injury.






ABCMR Record of Proceedings (cont)                                         AR20110022272



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ABCMR Record of Proceedings (cont)                                         AR20110022272



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