IN THE CASE OF:
BOARD DATE: 6 September 2012
DOCKET NUMBER: AR20120004470
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 (Report of Transfer or Discharge) to list all of his awards.
2. The applicant states he was awarded the Bronze Star Medal and a second Purple Heart.
3. The applicant provides copies of his DD Form 214 and award certificates for the Bronze Star Medal and a Purple Heart for wounds received on 9 January 1967.
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 applicants 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 applicants 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 on 24 September 1965, completed training as a light weapons infantryman, and served in Vietnam from 17 April 1966 to 16 April 1967.
3. His DA Form 20 (Enlisted Personnel Record) shows in:
a. item 38 (Record of Assignments) service in Vietnam with B Troop, 3rd Squadron, 4th Cavalry and exclusively excellent conduct and efficiency ratings;
b. item 40 (Wounds) fragment wound left arm on 7 January 1967 and fragment wound left wrist on 9 March 1967; and
c. item 41 (Awards and Decorations) Vietnam Service Medal, National Defense Service Medal, Republic of Vietnam (RVN) Campaign Medal with Device (1960), Purple Heart, Combat Infantryman Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
4. Headquarters, 25th Infantry Division, General Orders:
* Number 146 of 9 January 1967 awarded him the Purple Heart for wounds sustained on 7 January 1967
* Number 1111 of 29 March 1967 awarded him the Bronze Star Medal for meritorious service
5. Headquarters, 93rd Evacuation Hospital General Order Number 61 of 12 March 1967 awarded him the Purple Heart for wounds sustained on 9 March 1967.
6. The applicant was honorably released from active duty on 22 September 1967 and transferred to the U.S. Army Reserve in pay grade E-3. His DD Form 214 shows the same awards as are listed on his DA Form 20.
7. A medical consultation report that was completed in conjunction with his separation physical examination indicates that he was treated on 9 March 1967 for a gunshot wound to the left wrist. An x-ray indicated a retained metallic foreign body. The applicant was medically cleared for separation.
8. Evidence indicates the applicant may be entitled to other awards: This includes:
a. 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.
b. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows B Troop, 3rd Squadron, 4th Cavalry was awarded the RVN Gallantry Cross with Palm Unit Citation by Department of the Army General Order (DAGO) 48 of 1971 and the RVN Civil Actions Honor Medal First Class Unit Citation by DAGO 5 of 1971.
DISCUSSION AND CONCLUSIONS:
1. The applicant states he was awarded the Bronze Star Medal and a second Purple Heart.
2. General orders show the applicant was awarded the Bronze Star Medal and a second Purple Heart.
3. The applicant served a qualifying period of active duty enlisted service for the first award of the Army Good Conduct Medal. There is no record of any disciplinary action and he had exclusively excellent conduct and efficiency ratings. It is reasonable to conclude that the absence of the commander's recommendation and the Good Conduct Medal was simple oversight. It is appropriate to award him the Army Good Conduct Medal (1st Award) for the period.
4. He is authorized the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.
5. The above awards should be shown on his DD Form 214. It would be appropriate to correct the applicants records as recommended below.
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 (1st Award) for the period 24 September 1965 through 22 September 1967; and
b. adding to the awards already listed on his DD Form 214 the Bronze Star Medal, an Oak Leaf Cluster for wear on the Purple Heart, Army Good Conduct Medal (1st Award), RVN Gallantry Cross with Palm Unit Citation, and the RVN 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) AR20120004470
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