IN THE CASE OF:	  

		BOARD DATE:	  12 July 2012

		DOCKET NUMBER:  AR20120001098 


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 the Army Commendation Medal (ARCOM) and two awards of the Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

2.  The applicant states these awards were not included on his DD Form 214 at the time of his discharge from the Army in 1967.

3.  The applicant provides:

* Award certificates for the Purple Heart for wounds received in action on 11 August 1968 and 12 April 1969
* Award certificate for the ARCOM
* DD Form 214
* DD Form 215 (Correction to DD Form 214)

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 5 October 1967.  He arrived in Vietnam on 2 May 1968.  He served as a light weapons infantryman assigned to Company A, 2nd Battalion, 506th Infantry in Vietnam from 4 May 1968 to 24 July 1969.  On 25 July 1969, he was released from active duty in the temporary rank of sergeant after completing 1 year, 9 months, and 
21 days of creditable active service with no time lost.  

3.  His DD Form 214 shows the:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* ARCOM
* Combat Infantryman Badge
* Air Medal
* Parachutist Badge
* Sharpshooter Marksmanship Qualification Badges with Rifle Bar (M-14), Pistol Bar, and Machinegun Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)    

4.  Since the ARCOM is already shown on his DD Form 214, this portion of his request will not be discussed further in these proceedings. 

5.  There are no orders for the Purple Heart in the available records.  However, item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows he was wounded on 11 August 1968 (multiple fragment wounds to both legs) and on 12 April 1969 (fragment wounds to right buttocks, both hands, and legs).

6.  The Vietnam casualty roster shows he was wounded on 11 August 1968 and on 12 April 1969.

7.  He provided award certificates for the Purple Heart for wounds received in action on 11 August 1968 and on 12 April 1969.  

8.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There is no evidence of any disciplinary actions or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.

9.  Records show he participated in five campaigns during his assignment in Vietnam. 

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 2nd Battalion, 506th Infantry was cited for award of the:

* Presidential Unit Citation (PUC) for actions during the period 13 June 1968 to 23 September 1968 by Department of the Army General Orders (DAGO) 38, dated 1971
* Meritorious Unit Commendation (MUC) for actions during the period 
      14 March 1968 to 3 October 1968 by DAGO 22, dated 1976
* Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO 43, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO 48, dated 1971

11.  Department of the Army Pamphlet 672-3 also shows Company A, 2nd Battalion, 506th Infantry was cited for the PUC for actions during the period 
10-21 May 1969 by DAGO 16, dated 1972. 

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that 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.

13.  Army Regulation 600-200, 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 (wounds) of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.

14.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for 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.

15.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.  A silver service star is authorized in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The entries in item 40 of the applicant's DA Form 20 and the Vietnam casualty roster which show he was wounded on 11 August 1968 and on 12 April 1969 in Vietnam are accepted as sufficient evidence on which to add two awards of the Purple Heart to his DD Form 214.

2.  He was honorably released from active duty in the temporary rank of sergeant with nearly 22 months of total active service and no time lost.  He received all "excellent" conduct and efficiency ratings throughout his service and he had no record of any disciplinary actions or a commander's disqualification.  It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 5 October 1967 through 25 July 1969 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to the first award of the Army Good Conduct Medal and correction of his DD Form 214 to show this award.

3.  He participated in five campaigns during his assignment in Vietnam which entitles him to the Vietnam Service Medal with one silver service star.  His DD Form 214 should be corrected to show this award.

4.  His unit in Vietnam was cited for the MUC, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two awards of the PUC while he was assigned to it.  His DD Form 214 should be corrected 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 first award of the Army Good Conduct Medal for the period 5 October 1967 through 25 July 1969; and

	b.  adding the Purple Heart (2nd Award), Army Good Conduct Medal 
(1st Award), MUC, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, two awards of the PUC, and one silver service star for his already-awarded Vietnam Service Medal to his DD Form 214. 



      _______ _   __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)                                         AR20120001098





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ABCMR Record of Proceedings (cont)                                         AR20120001098



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