BOARD DATE:	  19 June 2012

		DOCKET NUMBER:  AR20120001334 


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.

2.  The applicant states the award was omitted. 

3.  The applicant provides his DD Form 214 and a certificate showing award of the Purple Heart.

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 5 February 1969 and held military occupational specialty 11B (Light Weapons Infantryman). 

3.  He served in Vietnam from on or about 29 January 1970 to 17 December 1970, a period of 10 months and 19 days.  He was assigned to Company B, 1st Battalion, 22nd Infantry, 4th Infantry Division.

4.  General Orders (GO) Number 48, issued by Headquarters, 8th Field Hospital, on 13 September 1970 awarded him the Purple Heart for wounds received in action on 10 September 1970.

5.  He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 18 December 1970.  His DD Form 214 shows the: 

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Vietnam Service Medal
* Combat Infantryman Badge
* One overseas service bar

6.  Army Regulation 600-8-22 (Military Awards) states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  

7.  A review of his service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Furthermore, item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service.

8.  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.

9.  Appendix B of Army Regulation 600-8-22 shows that during his service in Vietnam campaign participation credit was awarded for the below campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign:

* 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

10.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his tenure with the 1st Battalion, 22nd Infantry, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 August 1965 to 16 April 1971 based on DAGO Number 54, dated 1970.

11.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Purple Heart for wounds received in action in Vietnam which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  GO awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is shown on his records; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

3.  The applicant served a qualifying period of service for award of the Republic of Vietnam Campaign Medal with "1960" 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.


4.  He was awarded the Vietnam Service Medal.  Additionally, records show 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 to be affixed to his Vietnam Service Medal.

5.  He served honorably from 5 February 1969 through 18 December 1970.  He completed a combat tour in Vietnam, attained the rank/grade of SGT/E-5, and received "excellent" efficiency and conduct ratings throughout his military service. His records contain no derogatory information that would have disqualified him from receiving the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal and correct his DD Form 214 to show this medal.

6.  He completed 10 months and 19 days of foreign service in Vietnam.  He arrived in January 1970 and he departed in December 1970.  By regulation, he is entitled to two overseas service bars.  Therefore, he is entitled to correction of his DD Form 214 to show two overseas service bars.

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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 5 February 1969 through 18 December 1970
* deleting from his DD Form 214 the Vietnam Service Medal and the one overseas service bar, and adding to his DD Form 214 the:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with “1960” Device
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Two overseas service bars



      _______ _ 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)                                         AR20120001334



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ABCMR Record of Proceedings (cont)                                         AR20120001334



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