IN THE CASE OF:	  

		BOARD DATE:	  15 May 2012

		DOCKET NUMBER:  AR20110023552 


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, in effect, that his records be corrected to show that he was awarded the Purple Heart for wounds received in Vietnam. 

2.  The applicant states, in effect, that he was wounded in Vietnam and his records do not reflect his award of the Purple Heart. 

3.  The applicant provides no additional documents with his application.

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 in Houston, Texas on 22 August 1966.  He completed his one-station unit training as a light weapons infantryman at Fort Polk, Louisiana and was transferred to Vietnam on 4 January 1967 for assignment to Company B, 1st Battalion, 22d Infantry Regiment, 4th Infantry Division.

3.  On 27 October 1967 the applicant was wounded in the right knee when he fell on a hostile punji stake while on a search and destroy mission.  He was treated at the 71st Evacuation Hospital and was subsequently returned to duty.

4.  On 18 January 1968, General Orders Number 434, issued by Headquarters, 4th Infantry Division awarded the applicant the Purple Heart.

5.  After serving in two campaigns, the applicant departed Vietnam on 31 December 1967 for assignment to Fort Meade, Maryland where he remained until he was honorably released from active duty (REFRAD) due to the expiration of his term of service (ETS).  He had served 2 years of active service and his 
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows that he was awarded the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, and the Vietnam Campaign Medal.

6.  A review of his records shows that he had excellent conduct and efficiency ratings throughout his service and his records do not contain derogatory information sufficient to disqualify him for award of the Army Good Conduct Medal (AGCM).

7.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, stated the 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.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that the applicant's unit was awarded the Valorous Unit Award (VUA), the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  It also shows that he participated in two campaigns while in Vietnam. 

9.  Army Regulation 600-8-22 states a bronze service star, based on qualifying service for each campaign listed in appendix B will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214 should be corrected to reflect his award of the Purple Heart has been noted and appears to have merit.  The applicant’s evidence contains orders awarding him the Purple Heart for wounds received in Vietnam on 27 October 1967.  Accordingly, it should be added to his records at this time.

2.  A review of the applicant's records shows he had "excellent" conduct and efficiency ratings throughout his period of service and his records do not contain derogatory information that would serve to disqualify him for the first award of the AGCM.  Therefore, it appears that the failure to award him the first award of the AGCM was the result of an administrative error.  Accordingly, he should be awarded the AGCM (1st Award) for the period 22 August 1966 to 21 August 1968 and his DD Form 214 should be corrected to show this award.

3.  The applicant also served during two campaigns in Vietnam and thus is entitled to two bronze service stars for wear on his already-awarded VSM.

4.  Additionally, the evidence of record shows the applicant's unit was awarded the VUA, 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 served with the unit.  Accordingly, the above unit awards should be added to his records at this time as well.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION





BOARD DETERMINATION/RECOMMENDATION:

1.  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 AGCM (1st Award) for the period of 22 August 1966 to 21 August 1968 while serving in the rank of private first class (PFC)
* deleting award of the VSM from his DD Form 214
* adding the award of the AGCM (1st Award), the Purple Heart, the VSM with two bronze service stars, the VUA, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      ____________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)                                         AR20110023552





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ABCMR Record of Proceedings (cont)                                         AR20110023552



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