IN THE CASE OF:	  

		BOARD DATE:	  3 July 2012

		DOCKET NUMBER:  AR20110024893 


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 award of the Purple Heart with 1st oak leaf cluster (OLC) and the Bronze Star Medal with 1st OLC and “V" Device.

2.  He states the omission of the awards was an error.

3.  He provides certificates for award of a Purple Heart, Purple Heart with 1st OLC, and Bronze Star Medal with 1st OLC.

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.  His military records show he enlisted in the Regular Army on 23 November 1965.  He completed training and was awarded the military occupational specialty of 11B (Light Weapons Infantryman).  The highest rank/grade he held was sergeant/E-5.
 
3.  His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 6 December 1967 to September 1968.  Item 38 (Record of Assignments) of this form shows during this period he performed duties as:

* an assistant squad leader while assigned to Troop E, 1st Cavalry, 11th Infantry Brigade, from 6 December 1967 to 7 September 1968
* a patient from 8 September 1968 to an unknown date  

4.  Item 40 (Wounds) of his DA Form 20 shows he received metal fragments to his stomach on 7 February 1968 and metal fragments to both his arms on 23 February 1968.

5.  General Orders Number 856, issued by Headquarters, Americal Division, dated 20 February 1968, awarded him the first award of the Purple Heart for wounds received in action on 7 February 1968.

6.  General Orders Number 1206, issued by Headquarters, Americal Division, dated 8 March 1968, awarded him the second award of the Purple Heart for wounds received in action on 23 February 1968.

7.  General Orders Number 1493, issued by Headquarters, Americal Division, dated 22 March 1968, awarded him the first award of the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force on 12 February 1968.

8.  General Orders Number 8446, issued by Headquarters, Americal Division, dated 7 November 1968, awarded him the second award of the Bronze Star Medal for meritorious service from September 1967 to November 1968.

9.  He was honorably released from active duty on 23 September 1968 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed a total of 2 years, 10 months, and 1 day of active service.



10.  His DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)

11.  Item 41 (Awards and Decorations) of his DA Form 20 lists the following that are not listed on his DD Form 214:

* Combat Infantryman Badge (Special Orders Number 67, issued by the Americal Division)
* Purple Heart
* Purple Heart with 1st OLC
* Bronze Star Medal with "V" Device

12.  His records are void of any orders or other documents that indicate he was ever recommended for or awarded the Army Good Conduct Medal by proper authority.  His DA Form 20 shows all "excellent" conduct and efficiency ratings.  His records show he accepted nonjudicial punishment for going from his appointed place of duty without authority.  There is no evidence of disqualification by his chain of command.

13.  Army Regulation 672-5-1 (Military Awards), in effect at the time, required that throughout a qualifying period of service for award of the Army Good Conduct Medal the enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.

14.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star is awarded in place of five bronze service stars.  Appendix B shows that during his service in Vietnam, he participated in the following five campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)

15.  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.  Paragraph 6d states that Department of the Army General Orders Number 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to the following units:

	a.  Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973.

	b.  Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him two awards of the Purple Heart.  As such, he is entitled to correction of his DD Form 214 to show award of the Purple Heart (2nd Award).

2.  General orders awarded him the Bronze Star Medal with "V" Device and a second award of the Bronze Star Medal.  As such, he is entitled to correction of his DD Form 214 to show award of the Bronze Star Medal (2nd Award) and "V" Device.

3.  Special orders awarded him the Combat Infantryman Badge.  As such, he is entitled to have this badge added to his DD Form 214.

4.  He completed a period of qualifying service ending with the termination of a period of Federal military service.  Notwithstanding his nonjudicial punishment for going from his appointed place of duty without authority, he had "excellent" conduct and efficiency ratings throughout his tenure of service.  There is no record of disqualification by his chain of command and he achieved the rank of sergeant.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period 23 November 1965 through 13 September 1968 and add this award to his DD Form 214.

5.  He participated in five campaigns during his service in Vietnam.  Therefore, he is entitled to one silver service star for wear on his Vietnam Service Medal and correction of his DD Form 214 to show this silver service star.

6.  The available evidence shows he served in Vietnam during a qualifying period for award of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show this unit award.

7.  In view of the foregoing, the applicant is entitled to have his records corrected as shown below. 

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 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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 23 November 1965 through 13 September 1968; 

	b.  deleting from his DD Form 214 the Vietnam Service Medal; and

	c.  adding to his DD Form 214 the:

* Purple Heart (2nd Award)
* Bronze Star Medal (2nd Award) and "V" Device
* Army Good Conduct Medal (1st Award)
* Combat Infantryman Badge
* Vietnam Service Medal with one silver service star
* RVN 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)                                         AR20110024893



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ABCMR Record of Proceedings (cont)                                         AR20110024893



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