IN THE CASE OF:	  

		BOARD DATE:	  26 July 2012

		DOCKET NUMBER:  AR20120002427 


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 Purple Heart (PH), Silver Star (SS), and Army Commendation Medal (ARCOM) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  

2.  The applicant states he earned the awards in question and retains the original certificates; however, the awards were not listed on his DD Form 214 and the certificates are not sufficient to support his medical benefit payments with the Department of Veterans Affairs (VA).  

3.  The applicant provides PH, SS, and ARCOM certificates in support of his request. 

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 record shows the applicant was inducted into the Army of the United States on 9 July 1968, and was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  

3.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 10 December 1968 through 30 June 1969.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Company B, 3rd Battalion, 47th Infantry Regiment, performing duties in MOS 11B as a infantry indirect fire crewman and light weapons infantryman.  Item 38 also shows the applicant received “excellent” conduct and efficiency ratings at all of his active duty assignments.  

4.  Item 40 (Wounds) of the DA Form 20 shows the applicant was wounded in action in the RVN on 20 February 1969 when he received a gunshot wound to the right hand.  Item 41 (Awards and Decorations) does not list the ARCOM.  It does show the applicant earned the following awards:

* National Defense Service Medal (NDSM)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Grenade Bar
* Vietnam Service Medal (VSM)
* Combat Infantryman Badge (CIB)
* PH
* SS
* RVN Campaign Medal with 60 Device

5.  The applicant’s Military Personnel Records Jacket (MPRJ) contains orders awarding the PH, dated 22 February 1969 and awarding the SS, dated 18 March 1969.  It also contains orders awarding the CIB, dated 9 January 1969 and marksmanship qualification orders for the Rifle, Grenade, and Machine Gun, dated 19 and 29 August 1968 and 29 October 1968, respectively.  There are no ARCOM orders in the record.  

6.  The MPRJ contains a record of nonjudicial punishment, dated 8 January 1970, for a minor infraction of failing to report for duty.  The record is void of other derogatory information or a unit commander disqualification that would have precluded award of the Army Good Conduct Medal (AGCM).  

7.  On 20 April 1970, the applicant was honorably released from active duty, in the rank of sergeant, after completing 1 year, 9 months, and 11 days of active military service with 1 day of lost time.  The DD Form 214 he was issued at the time lists only the NDSM as an earned award.  
8.  The applicant provides certificates for the PH, SS, and ARCOM.  The ARCOM certificate, dated 7 July 1969, shows he was awarded the ARCOM for meritorious service in the RVN during the period December 1968 to July 1969.  

9.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-13 contains guidance for the VSM.  It states a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of campaigns and shows that during the applicant's assignment in the RVN, participation credit was granted for the Vietnam Counteroffensive Phase IV 
(2 November 1968-22 February 1969), TET 69 Counteroffensive (23 February-
8 June 1969), and Vietnam Summer-Fall 1969 (9 June-31 October 1969).  

10.  .  Army Regulation 672-5-1 (Awards), in effect at the time, stated the 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.  

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his assignment tenure, the applicant's unit (3rd Battalion,47th Infantry) was cited for the Meritorious Unit Commendation (MUC) for the period 1 January through 31 December 1968 by Department of the Army General Order (DAGO) 36, dated 1970; the RVN Gallantry Cross (RVNGC) with Palm Unit Citation for the period January to June 1969 by DAGO 31, dated 1969; and the RVN Civil Actions Honor Medal (RVNCAHM) First Class (FC) Unit Citation for the period  19 December 1966 through 28 June 1969 by DAGO 59, dated 1969.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to add the PH, SS, and ARCOM to his DD Form 214 has been carefully considered and found to have merit.  The evidence of record confirms the applicant was awarded the PH and SS, as evidenced by entries on the DA Form 20 and orders in the MPRJ.  Therefore, these awards should be added to his DD Form 214.  



2.  Further, even though there are no ARCOM entries or orders in the record, given the applicant’s stellar combat record there is no reason to doubt the validity of the ARCOM certificate he provides.  As a result, it would be appropriate to resolve any reasonable doubt in his favor on this matter and to add the ARCOM to his record and DD Form 214.  

3.  The record also confirms the applicant earned the following awards that were omitted from his DD Form 214 which should be added now:

* Sharpshooter Marksmanship Qualification Badge with Rifle and Machine Gun Bars
* Expert Marksmanship Qualification Badge with Grenade Bar
* VSM
* CIB
* RVN Campaign Medal with 60 Device

4.  Notwithstanding the minor NJP action received by the applicant and 1 day of lost time, the record confirms he received all “excellent” conduct and efficiency ratings and his MPRJ is void of other derogatory information or a unit commander disqualification that required disqualification for the AGCM.  Therefore, it would be appropriate and serve the interest of justice and equity to award him the first award of the AGCM for his qualifying period of honorable active duty service from 9 July 1968 through 20 April 1970, and to add this award to his record and DD Form 214. 

5.  The evidence of record also shows that based on the applicant’s service and campaign participation in the RVN, he is eligible for the MUC, RVNGC with Palm Unit Citation, RVNCAHM FC Unit Citation, and 3 bronze service stars with his VSM.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  Notwithstanding the staff DISCUSSION AND CONCLUSIONS above, the Board believed that the evidence concerning the Army Commendation Medal, i.e., the award certificate, was insufficient without corroborating orders to support adding this award to the applicant’s DD Form 214.

2.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the first award of the Army Good Conduct Medal for his qualifying honorable active duty service from 9 July 1968 through 20 April 1970 and by amending his DD Form 214 by adding the following awards:

* Silver Star
* Purple Heart 
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 3 bronze service stars
* Republic of Vietnam Campaign Medal with Device 1960
* Combat Infantryman Badge 
* Expert Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle and Machine Gun Bars

3.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to amending his DD Form 214 to add the Army Commendation Medal.  



      _______ _   _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)                                         AR20120002427



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120002427



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1