IN THE CASE OF:	  

		BOARD DATE:	  3 July 2012

		DOCKET NUMBER:  AR20120001343 


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 and the Air Medal.

2.  The applicant states that these two awards were not entered on his DD Form 214.

3.  The applicant provides copies of:

* DD Form 214
* DA Form 8-118 (Medical Board Proceedings) with enclosure
* DA Form 199 (Physical Evaluation Board Proceedings)

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.  On 12 January 1969, the applicant was inducted into the Army of the United States.  He completed his initial training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  Special Orders Number 096, Fort Polk, Louisiana, dated 23 April 1969, awarded the applicant the Marksman Marksmanship Qualification Badge with Machinegun Bar.

4.  In May 1969, the applicant departed Fort Polk, Louisiana, for duty in the Republic of Vietnam (RVN).

	a.  On 7 July 1969, he was assigned for duty as a rifleman with Company B, 1st Battalion, 27th Infantry Regiment, 25th Infantry Division.

	b.  Special Orders Number 241, 25th Infantry Division, dated 29 August 1969 awarded him the Combat Infantryman Badge.

	c.  Casualty Notification Message, dated January 1970, notified the applicant's family that he had been wounded in action while on a combat mission on 11 January 1970.  He sustained fragmentary wounds to his right foot and leg when a booby trap exploded.  He was hospitalized and had his right leg amputated below the knee.

	d.  General Orders Number 446, 25th Infantry Division, dated 15 January 1970, awarded him the Air Medal for meritorious achievement during the period
6 to 24 December 1969.

	e.  On or about 22 January 1970, he departed the RVN.

5.  On 5 May 1970, the applicant was retired due to physical disability.  He had attained the rank of specialist four, pay grade E-4 and had completed 1 year, 
3 months, and 24 days of creditable active duty service.

6.  The applicant's DD Form 214 lists the:

* Vietnam Service Medal
* Vietnam Campaign Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Overseas Service Bar 

7.  The applicant's DA Form 20 (Enlisted Qualification Record) shows:

	a.  in Item 38 (Record of Assignments) that his conduct and efficiency ratings were “excellent”; and

	b.  in Item 41 (Awards and Decorations) that he was authorized the National Defense Service Medal and had been awarded the Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar.  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal.

8.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal any orders awarding the applicant the Purple Heart.  ADCARS is an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command.

9.  Army Regulation 600-8-22 (Military Awards):

	a.  This regulation provides for award of the Purple Heart to a member of the Armed Force who has been wounded in any action against an enemy of the U.S.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required medical treatment, and the treatment must have been made a matter of official record.

	b.  This regulation provides for award of the National Defense Service Medal for honorable active duty service for any period between 1 January 1961 through 14 August 1974.

	c.  Appendix B of this regulation shows that based on the applicant's dates of service in the RVN he participated in the following two campaign periods:  the Vietnam Summer-Fall 1969 and the Vietnam Winter-Spring 1970.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 1st Battalion, 27th Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO):

	a.  Number 5, dated 1973, for award of the RVN Gallantry Cross with Palm Unit Citation; and
	b.  Number 51, dated 1971, for award of the RVN Civil Actions Honor Medal First Class Unit Citation.

11.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service.  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.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart and the Air Medal.

2.  General orders clearly show that the applicant was awarded the Air Medal for meritorious achievement while in the RVN.  Therefore, this medal should be shown on his DD Form 214.

3.  The available evidence of record clearly shows that the applicant was wounded as the result of enemy action.  His wounds required medical treatment and resulted in his loss of a leg and a physical disability retirement.  Accordingly, his records should be corrected by adding the Purple Heart to his DD Form 214.

4.  The applicant’s records clearly show that he distinguished himself in the performance of his military service as evidenced by his attaining the rank of specialist four, receiving the Air Medal for meritorious achievement, and receiving "excellent" conduct and efficiency ratings.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

5.  Records show that the applicant participated in two campaign periods during his service in the RVN.  Therefore, he is eligible for award of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

6.  Records show that the applicant's unit was cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show these foreign unit awards.



7.  Records show that the applicant served during a qualifying period for award of the National Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this service medal.

8.  Special orders show that he applicant was awarded the CIB and the Marksman Marksmanship Qualification Badge with Machinegun Bar.  His records also indicate he had been awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore, his DD Form 214 should be corrected to show these badges.

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 Army Good Conduct Medal for the period 12 January 1969 to 5 May 1970;

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

	c.  showing, in addition to the awards already-shown on his DD Form 214, that his awards include:

* Purple Heart
* Air Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation


* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar
* Marksman Marksmanship Qualification Badge with Machinegun Bar



      	_______ _   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)                                         AR20120001343



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120001343



6


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1