IN THE CASE OF:	  

		BOARD DATE:	  25 September 2012

		DOCKET NUMBER:  AR20120003237 


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 to add the following awards to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge):

* Purple Heart (2nd Award)
* Army Commendation Medal (ARCOM) (2nd Award)
* Air Medal (AM) 

2.  He states he was awarded these decorations in the field; however, there seems to be no record of these awards.  He goes on to describe the events and various battles for which he received these awards.  

3.  The applicant provides:

* a DD Form 214 
* award certificates and citations
* a copy of two photographs
* a printout of his unit's involvement in the Vietnam Conflict
* information on Cam Ranh Bay

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.  He enlisted in the Regular Army on 10 July 1967.  After the completion of training, he served in military occupational specialty 11B (Light Weapons Infantryman).

3.  His DA Form 20 (Enlisted Qualification Record) shows he:

* served in Vietnam from 4 March 1968 through 3 March 1969 and was assigned to Company E, 3rd Battalion (Airborne), 187th Infantry Regiment
* received a fragment wound to his left shoulder on 4 September 1968 and a fragment wound to his chest on 17 September 1968

4.  He provided award certificates and his record contains the accompanying general orders (GO) as follows:

* GO Number 254, dated 18 September 1968 – award of the Purple Heart for wounds received on 16 September 1968
* GO Number 93, dated 19 September 1968 – award of the Purple Heart for wounds received on 16 September 1968
* GO Number 9515, dated 19 November 1968 – award of the ARCOM for achievement between 1 May and 30 September 1968
* GO Number 10529, dated 30 November 1968 – award of the AM for action on 7 September 1968
* GO Number 101, dated 7 January 1969 – award of the Bronze Star Medal (BSM) for service between 1 April and 30 November 1968
* GO Number 544, dated 18 January 1969 – award of the ARCOM for achievement between 1 July and 30 November 1968
* GO Number 1749, dated 24 February 1969 – award of the BSM with "V" Device (First Oak Leaf Cluster (2nd Award)) for heroism on 16 September 1968

5.  He was honorably released from active duty on 20 April 1970 and transferred to the U.S. Army Reserve Control Group (Reinforcement) for completion of his Reserve service obligation.  His DD Form 214 shows he was awarded the following:

* BSM with "V" Device
* ARCOM
* Combat Infantryman Badge
* National Defense Service Medal
* Vietnam Service Medal with five bronze service stars
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)

6.  The applicant's name appears twice on the Vietnam casualty roster for wounds received on 4 and 17 September 1968.  This document also shows he was hospitalized for his wounds. 

7.  His record is void of documentation showing he was recommended for or awarded the first award of the Army Good Conduct Medal (AGCM).  He has no record of nonjudicial punishment (NJP) or court-martial conviction.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all “excellent” ratings in conduct and efficiency. 

8.  Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying 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.  There must have been no convictions by a court-martial.  

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This pamphlet shows the 3rd Battalion, 187th Infantry Regiment received the following unit awards during the applicant's period of service in Vietnam:

* RVN Gallantry Cross with Palm Unit Citation by Department of the Army General Orders (DAGO) Number 43, dated 1970
* RVN Civil Actions Honor Medal First Class Unit Citation by DAGO Number 48, dated 1971
* Presidential Unit Citation (PUC) by DAGO Number 38, dated 1971
* Valorous Unit Award (VUA) by DAGO Number 22, dated 1976
* Meritorious Unit Commendation (MUC) by DAGO Number 22, dated 1976

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required medical treatment, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant two Purple Hearts; however, orders show they both were awarded for wounds received on 16 September 1968.  It is believed an administrative error occurred when issuing the orders.  As such, it would be appropriate to add the Purple Heart (2nd Award) to his DD Form 214 based on information contained on his DA Form 20 and on the Vietnam casualty roster.

2.  His records contain orders for two awards of the ARCOM.  Therefore he is entitled to show the ARCOM (2nd Award) on his DD Form 214. 

3.  The applicant was awarded the BSM for service and the BSM with "V" Device for heroism.  As a result, it would be appropriate to amend his DD Form 214 to show the BSM with "V" Device (2nd Award).

4.  General orders also awarded the applicant the AM which is not shown on his DD Form 214.  He is therefore entitled to addition of this award to his DD Form 214. 

5.  He served honorably from 10 July 1967 through 20 April 1970 and received all "Excellent" ratings in conduct and efficiency.  As a result, he is entitled to the first award of the AGCM and addition of this award to his DD Form 214. 

6.  His unit was awarded the following decorations during his period of service in Vietnam.  As a result, he is entitled to addition of these unit awards on his 
DD Form 214:

* RVN Gallantry Cross with Palm Unit Citation 
* RVN Civil Actions Honor Medal First Class Unit Citation 
* PUC
* VUA
* MUC



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) for the period 10 July 1967 through 20 April 1970;

	b.  deleting the BSM with "V" Device and ARCOM from his DD Form 214; and 

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

* Purple Heart (2nd Award)
* BSM with "V" Device (2nd Award)
* ARCOM (2nd Award)
* AM
* AGCM (1st Award)
* RVN Civil Actions Honor Medal First Class Unit Citation
* RVN Gallantry Cross with Palm Unit Citation
* PUC
* VUA
* MUC



      _____________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)                                         AR20120003237





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ABCMR Record of Proceedings (cont)                                         AR20120003237



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