IN THE CASE OF:	  

		BOARD DATE:	  17 July 2012

		DOCKET NUMBER:  AR20120001602 


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 addition of the Purple Heart to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  He states he received the Purple Heart.

3.  He provides a photograph he states is of him receiving 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 was inducted into the Army of the United States on 20 March 1969.  After completing initial entry training, he was awarded military occupational specialty 11C (Indirect Fire Infantryman), and he was assigned to duty in Vietnam.
3.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 29 (Qualification in Arms) he qualified as an Expert with the M-14 Rifle and as a Sharpshooter with the M-16 Rifle
* item 31 (Foreign Service) he was credited with service in Vietnam from 7 September 1969 through 19 January 1970
* item 38 (Record of Assignments):

* from 14 September to 18 November 1969, he was assigned to duty in Vietnam with Company C, 1st Battalion, 61st Infantry, 1st Brigade, 5th Infantry Division 
* from 19 November 1969 to 19 January 1970, he was assigned as a patient to the U.S. Army Hospital, Camp Zama, Japan
* he received "excellent" conduct and efficiency ratings

4.  Headquarters, 1st Infantry Brigade, 5th Infantry Division (Mechanized), issued the following Special Orders (SO) and General Orders (GO) pertaining to the applicant:

	a.  SO 331, dated 27 November 1969, awarded him the Combat Infantryman Badge (CIB).

   b.  GO 76, dated 22 January 1970, awarded him the Bronze Star Medal (BSM) with "V" Device for heroism in connection with ground operations against a hostile force on 13 November 1969.  

	c.  GO 1028, dated 5 July 1970, awarded him the Purple Heart for wounds he received on 13 November 1969.

5.  On 19 March 1971, he was honorably discharged after completing 2 years of total active service.  His DD Form 214 shows he was awarded the National Defense Service Medal, Republic of Vietnam (RVN) Campaign Medal with Device (1960), and the Vietnam Service Medal (VSM).

6.  A review of his record indicates entitlement to additional awards not listed on his DD Form 214.

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

8.  His record is void of documentation showing he was the subject of any disciplinary actions or that he received a commander's disqualification for award of the AGCM.

9.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the VSM.  The Vietnam campaigns are listed in appendix B.  His record shows his service in Vietnam coincided with two campaigns:  Vietnam Summer - Fall 1969 (9 June - 31 October 1969) and Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970).

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 1st Battalion, 61st Infantry, was cited for award of the Valorous Unit Award (VUA) for the period 11 to 15 November 1969, by Department of the Army GO (DAGO) 52, dated 1974.

11.  Department of the Army General Orders Number 8, dated 1974, announced   award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 
28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  SO and GO awarded the applicant the Purple Heart, BSM with "V" Device, and CIB.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  He received "excellent" conduct and efficiency ratings throughout his service and there is no record of a commander's disqualification for award of the AGCM.  In light of his overall record of service, it would be appropriate to award him the AGCM (1st Award) based on completion of a qualifying period of active Federal service from 20 March 1969 to 19 March 1971 and to correct his DD Form 214 to show this award.

3.  He was awarded the VSM and he participated in two campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show two bronze service stars for wear on the previously-awarded VSM.
4.  He qualified as a Sharpshooter with the M-16 Rifle, and he qualified as an Expert with the M-14 Rifle.  Therefore, he is entitled to correction of his DD Form 214 to show the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar and the Expert Marksmanship Qualification Badge with Rifle Bar.

5.  He was assigned to a unit in Vietnam during a period for which it was cited for award of the VUA and the RVN Gallantry Cross with Palm Unit Citation.  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 AGCM (1st Award) based on completion of a qualifying period of active Federal service from 20 March 1969 to 19 March 1971,

	b.  deleting the VSM from his DD Form 214, and

	c.  adding the following awards to his DD Form 214:

* BSM with "V" Device
* Purple Heart
* AGCM (1st Award)
* VSM with two bronze service stars
* CIB
* Expert Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar


* VUA
* 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)                                         AR20120001602





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120001602



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1