IN THE CASE OF:	  

		BOARD DATE:	    15 May 2012

		DOCKET NUMBER:  AR20110023403 


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 add the Purple Heart.

2.  He states the absence of the Purple Heart is an error and is unjust when applying for disability compensation.  He also states the Purple Heart is the most important award.

3.  He provides his Purple Heart Certificate, Army Commendation Medal (ARCOM) Certificate, and Honorable Discharge 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 was inducted into the Army of the United States on 15 August 1969.  After completing initial entry training, he was awarded military occupational specialty 11C (Indirect Fire Infantryman) and assigned to duty in Vietnam.

3.  Special Orders 274, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Bragg, NC, dated 1 October 1969, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar.

4.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 31 (Foreign Service) he was credited with service in Vietnam from 18 January to 8 December 1970
* item 38 (Record of Assignments) he was assigned to Company B, 4th Battalion, 21st Infantry, 11th Infantry Brigade, from 1 February to 5 December 1970
* item 38 he received all "excellent" conduct and efficiency ratings
* item 40 (Wounds) he received multiple fragment wounds to his legs on 30 March 1970

5.  He was honorably released from active duty on 30 August 1971 and transferred to the U.S. Army Reserve to complete his military service obligation.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Combat Infantryman Badge
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* ARCOM

6.  His official military personnel file is void of documentation showing he was awarded the Purple Heart.

7.  The Vietnam casualty roster shows he was wounded as a result of hostile action on 30 March 1970.

8.  He provides a Purple Heart Certificate showing he was awarded the Purple Heart for wounds received in action in Vietnam on 30 March 1970.

9.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an 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.

10.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9 of the version in effect at the time, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization, would be entered in item 40 of the DA Form 20.  This regulation further stated the date the wound or injury occurred would also be placed in item 40.

11.  A review of the available records indicates entitlement to additional awards not shown on his DD Form 214.

12.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) 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.  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.

13.  His record is void of documentation showing he was the subject of any disciplinary actions or that he received a commander's disqualification for award of the AGCM.

14.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the VSM.  The Vietnam campaigns are listed in appendix B.  His record shows his service in Vietnam coincided with three campaigns:

* Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970)
* Sanctuary Counteroffensive (1 May-30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970-30 June 1971)

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  The pamphlet shows the 4th Battalion, 21st Infantry, was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 31 March to 30 June 1970 by Department of the Army General Orders Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  His record shows he was wounded by hostile action on 30 March 1970, and the wounds were recorded on his DA Form 20 indicating they required medical treatment.  He provides a Purple Heart Certificate indicating he received the award.  Therefore, he is entitled to correction of his DD Form 214 to show the Purple Heart.

2.  He received "excellent" conduct and efficiency ratings throughout his service and there is no record of a commander's disqualification for award of the AGCM.  In light of his overall record of service, it would be appropriate to award him the AGCM (1st Award) based on completion of a qualifying period of active Federal service from 15 August 1969 to 30 August 1971 and to correct his DD Form 214 to show this award.

3.  He was awarded the VSM and he participated in three campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars for wear on the previously-awarded VSM.

4.  He was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar.  Therefore, he is entitled to correction of his DD Form 214 to show this badge.

5.  He was assigned to a unit in Vietnam during a period for which it was cited for award of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this unit 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:

	a.  awarding him the AGCM (1st Award) based on completion of a qualifying period of active Federal service from 15 August 1969 to 30 August 1971,

	b.  deleting the VSM from his DD Form 214, and

	c.  adding the following awards to his DD Form 214:

* Purple Heart
* AGCM (1st Award)
* VSM with three bronze service stars
* RVN Gallantry Cross with Palm Unit Citation
* Marksman Marksmanship Qualification Badge with Rifle Bar



      _______ _   _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)                                         AR20110023403



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ABCMR Record of Proceedings (cont)                                         AR20110023403



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