IN THE CASE OF:	  

		BOARD DATE:	  12 June 2012

		DOCKET NUMBER:  AR20110025149 


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, a second award of the Purple Heart and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show two awards of the Purple Heart and the Bronze Star Medal.

2.  The applicant states his record may have been lost; he never looked at his records.

3.  The applicant provides orders.

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 was inducted into the Army of the United States on 14 December 1966 and he held military occupational specialty 11B (Light Weapons Infantryman).  He served in Vietnam from:

* 20 May to 27 October 1967, with 5th Battalion, 7th Cavalry
* 28 October 1967 to 26 February 1968 with 106th General Hospital, in a patient status

3.  General Orders (GO) Number 4481, dated 6 August 1967, issued by Headquarters (HQ), 1st Cavalry Division, awarded him the Purple Heart for wounds received in connection with military operations against a hostile force on 5 August 1967.

4.  GO Number 7430, dated 17 December 1967, issued by HQ, 1st Cavalry Division, awarded him the Bronze Star Medal with "V" Device for heroism in action in Vietnam on 13 October 1967.  In pertinent part, the orders cited the following reason:

When his unit became pinned down by intense hostile fire [the applicant] disregarding his own safety, exposed himself to the heavy enemy fire as he moved forward in an attempt to assault the hostile bunkers.  At this time [the applicant] was seriously wounded, but continued his assault until he reached an enemy bunker and successfully neutralized it.  (Emphasis added)

5.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) contains the entries "Fragments, Right Foot - 5 August 1967" and "Fragments, Right Buttocks and Right Leg - 13 October 1967."

6.  His record does not contain orders for a second Purple Heart.

7.  He was honorably released from active duty on 13 December 1968 and transferred to the U.S. Army Reserve.  He completed 2 years of creditable active service with no time lost.

8.  The DD Form 214 he was issued shows the:

* Expert Marksmanship Qualification Badge with Rifle Bar 
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Combat Infantryman Badge
* Purple Heart
9.  A review of his records shows entitlement to additional awards.

10.  Item 41 (Awards and Decorations) of his DA Form 20 shows award of the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

11.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service, except for his time assigned as a patient in Vietnam when he received "unknown" conduct and efficiency ratings.  His record is void of any record of disciplinary actions or a commander's disqualification for the Army Good Conduct Medal (1st Award).

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 two campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)

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 5th Battalion, 7th Cavalry, this unit was cited for award of the:

* Valorous Unit Award for the period 1 through 31 October 1967 by Department of the Army GO (DAGO) Number 39, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 through 19 May 1969 by DAGO Number 59, dated 1969

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was wounded in action in Vietnam on 5 August and 13 October 1967 and received one award of the Purple Heart.  Therefore, he is entitled to a second award of the Purple Heart for wounds received in action on 13 October 1967 and correction of his DD Form 214 to show this award.

2.  GOs awarded him 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.

3.  He served honorably from 14 December 1966 through 13 December 1968.  He served in Vietnam, was wounded in action on two occasions, and received the Bronze Star Medal with "V" Device for heroism in action.  His record is void of any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate to award him this medal and correct his DD Form 214 to show this medal.

4.  He was awarded the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these badges.

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

6.  GOs awarded his unit in Vietnam the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

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:

   a.  awarding him the Purple Heart (2d Award) for wounds received in action in Vietnam on 13 October 1967;
   
   b.  awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 14 December 1966 through 13 December 1968;

   c.  deleting from his DD Form 214 the Purple Heart and the Vietnam Service Medal; and 
   
   d.  adding to his DD Form 214 the:

* Purple Heart (2nd Award)
* Bronze Star Medal with "V" Device
* Army Good Conduct Medal (1st Award)
* Expert Marksmanship Qualification Badge with Machine Gun Bar
(M-60)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Vietnam Service Medal with two bronze service stars
* Valorous Unit Award
* Republic of Vietnam 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)                                         AR20110025149



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ABCMR Record of Proceedings (cont)                                         AR20110025149



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