IN THE CASE OF:	  

		BOARD DATE:	  2 August 2012

		DOCKET NUMBER:  AR20120002097


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 he was awarded the Purple Heart, Combat Infantryman Badge, and the Vietnam Service Medal.

2.  The applicant states he has proof he was wounded.

3.  The applicant provides:

* DD Form 214
* General Orders Number 707, issued by Headquarters, 1st Cavalry Division (Airmobile), dated 16 January 1969
* Special Orders Number 65, issued by the same headquarters, dated
6 March 1969.

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 enlisted in the Regular Army on 26 April 1968.  He completed training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  His record shows he served in the Republic of Vietnam with the 1st Battalion, 12th Cavalry Regiment, 1st Cavalry Division (Airmobile); however, his exact dates of service in the Republic of Vietnam cannot be established.

4.  On 28 April 1969, he was honorably released from active duty due to hardship and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.  The DD Form 214 he was issued at the time shows he completed 1 year and 3 days of total active service, including 4 months of foreign service in the U.S. Army Pacific (USARPAC) theater of operations.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 only shows the National Defense Service Medal.

6.  His available record does not indicate he was previously awarded the Purple Heart, Combat Infantryman Badge, or the Vietnam Service Medal.

7.  His record contains a Western Union telefax from The Adjutant General to his parents, dated 19 September 1968, informing them he had been slightly wounded in Vietnam on 1 January 1969 as a result of hostile action.  He received fragmentation wounds to his right chest during combat operations.  An accompanying casualty message shows the applicant was evacuated to the
93rd Evacuation Hospital for treatment.

8.  Review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.

9.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing shows the applicant's name as a casualty under casualty status code "23." This casualty code refers to "hostile wounded in action, not serious, hospitalized."

10.  He provides:

* General Orders Number 707, dated 16 January 1969, that awarded him the Purple Heart for wounds received in action in Vietnam on 1 January 1969
* Special Orders Number 65, dated 6 March 1969, that awarded him the Combat Infantryman Badge on 6 March 1969

11.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in the Republic of Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting combat operations in the Republic of Vietnam.

12.  Army Regulation 600-8-22 states that one bronze service star is authorized, to be affixed to the Vietnam Service Medal, for each Vietnam campaign a member is credited with participating in.  The applicant's exact dates of service in the Republic of Vietnam cannot be established; however, since he was wounded on 1 January 1969, it can be established that he participated in at least one campaign for which campaign participation credit was awarded (Vietnam Counteroffensive, Phase VI (2 November 1968 – 22 February 1969)).

13.  His record indicates he is entitled to additional awards which are not shown on his DD Form 214.

14.  His DA Form 20 (Enlisted Qualification Record) is not available for review.  His available record offers no evidence or indication of a previous award of the Army Good Conduct Medal; a commander's disqualification for the award; convictions by courts-martial; or nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ).

15.  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.
16.  Army Regulation 600-8-22 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.  Also eligible for this award are individuals who qualified for award of the Vietnam Service Medal and served for less than six months of service but:

* were wounded as a result of hostile action 
* were captured by hostile forces but later escaped or were rescued or released
* were killed in action or otherwise in line of duty

17.  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, 12th Calvary Regiment, was cited for award of the:

	a.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 through 19 May 1969 by Department of the Army General Order (DAGO) Number 56, dated 1969.

	b.  The Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 1 January 1969 through 1 February 1970, by DAGO Number 42, dated 1972.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show the Purple Heart, Combat Infantryman Badge, and the Vietnam Service Medal was carefully considered and was determined to have merit.

2.  The Western Union telefax and Vietnam casualty listing shows he was wounded as the result of hostile fire on 1 January 1969 and he was hospitalized for treatment of his wound.  Additionally, he submitted general orders that, while not included in his available record, indicate he was awarded the Purple Heart for wounds received in action on 1 January 1969.  Therefore, it would be appropriate to correct his DD Form 214 to show this award.

3.  The evidence of record shows he was assigned as an infantryman, performing infantry duties while serving in the Republic of Vietnam.  Despite his higher headquarter's "Air Cavalry" designation, there is no doubt his unit performed an infantry mission in Vietnam.  He submitted orders that, while not included in his available record, indicate he was awarded the Combat Infantryman Badge on 6 March 1969.  Additionally, the circumstances surrounding his combat wounding indicate he engaged, and was engaged by, the enemy while participating in combat operations.  Therefore, it would be appropriate to correct his DD Form 214 to show this award.

4.  He served a qualifying period for award of the Vietnam Service Medal.  Although his exact dates of service in the Republic of Vietnam cannot be established, since he was wounded on 1 January 1969 and he was awarded the Combat Infantryman Badge on 6 March 1969, it can be established that he participated in at least one campaign, the Vietnam Counteroffensive, Phase VI  (2 November 1968 - 22 February 1969).  Therefore, it would be appropriate to correct his DD Form 214 to show the Vietnam Service Medal with 1 bronze service star.

5.  He served honorably from 26 April 1968 through 28 April 1969.  While his available record offers no evidence or indication of a previous award of the Army Good Conduct Medal, it likewise offers no evidence of a commander's disqualification for the award, convictions by courts-martial, or nonjudicial punishment under Article 15, UCMJ.  Although his conduct and efficiency ratings cannot be determined, there is no evidence to suggest his service was less than honorable or unworthy of the Army Good Conduct Medal.  Therefore, as a matter of equity, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.

6.  He served a qualifying period of service in Vietnam for entitlement to the Republic of Vietnam Campaign Medal with Device (1960); therefore, he is entitled to correction of his DD Form 214 to show this award.

7.  General orders awarded his unit of assignment in the Republic of Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, 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 the evidence presented is 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 (1st Award) for the period
26 April 1968 through 28 April 1969; and

	b.  adding to his DD Form 214 the:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Combat Infantryman Badge
* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20120002097



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