BOARD DATE:	  4 September 2012

		DOCKET NUMBER:  AR20120004474


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 his award of the Purple Heart.

2.  The applicant states his social security number (SSN) is incorrectly listed on his Purple Heart award orders. 

3.  The applicant provides:

* a personal letter to the Board
* DD Form 214
* General Orders Number 11132, issued by Headquarters, 25th Infantry Division, dated 31 August 1969
* Purple Heart award certificate
* General Orders Number 11208, issued by Headquarters, 25th Infantry Division, dated 3 September 1969
* Bronze Star Medal award certificate
* DD Form 256A (Honorable Discharge Certificate)

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 13 February 1969.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  

3.  His DD Form 47 (Record of Induction) identifies him by a service number; his SSN is not listed on either this form or any allied document.  

4.  Item 1 (Name (Last, First, and Middle Initial) and Service Number) of his DA Form 20 (Enlisted Qualification Record) shows his SSN as 004-XX-XXXX.

5.  Item 31 (Foreign Service) of his DA Form 20 shows he served in the Republic of Vietnam from on or about 16 July 1969 to on or about 18 September 1970.  Item 38 (Record of Assignments) of his DA Form 20 shows that during his period of service in the Republic of Vietnam he was assigned to the 1st Battalion, 27th Infantry Regiment, 25th Infantry Division.

6.  General Orders Number 11132, issued by Headquarters, 25th Infantry Division, dated 31 August 1969, awarded him the Purple Heart for wounds received in connection with military operations against a hostile force on            26 August 1969.  This order incorrectly identifies his SSN as 006-XX-XXXX, instead of 004-XX-XXXX.

7.  On 18 September 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve.  The DD Form 214 he was issued shows he was credited with the completion of 1 year, 7 months, and 6 days of net active service during this period, including 1 year, 2 months, and 3 days of foreign service in the U.S. Army Pacific (USARPAC) theater of operations.  The highest rank/grade he attained during his period of military service was sergeant (SGT)/E-5.  

8.  His DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Bronze Star Medal with 1st Oak Leaf Cluster
* Army Commendation Medal
* Air Medal
* Combat Infantryman Badge

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

10.  General Orders Number 11208, issued by Headquarters, 25th Infantry Division, dated 3 September 1969, awarded him the Bronze Star Medal with "V" Device, for heroism in connection with military operations against a hostile force in the Republic of Vietnam, on 26 August 1969.

11.  General Orders Number 3219, issued by Headquarters, 25th Infantry Division, dated 23 March 1970, awarded him the Bronze Star Medal (with 1st Oak Leaf Cluster), for meritorious achievement in connection with military operations against a hostile force, in the Republic of Vietnam, from 25 February 1970 to 5 March 1970.

12.  General Orders Number 5607, issued by Headquarters, 25th Infantry Division, dated 26 May 1970, awarded him the Bronze Star Medal (with 2nd Oak Leaf Cluster), for meritorious service in connection with military operations against a hostile force, in the Republic of Vietnam, from July 1969 to July 1970.

13.  There is no indication in his available record that shows he was awarded the Army Good Conduct Medal.  Item 38 of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of a commander's disqualification for the award.  Additionally, there is no evidence of any convictions by courts-martial or nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ).

14.  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, and he/she could not have been convicted by court-martial.

15.  Special Orders Number 105, issued by Headquarters, U.S. Army Training Center, Infantry and Fort Dix, Fort Dix, NJ, dated 15 April 1969, awarded him the:

* Expert Marksmanship Qualification Badge with Rifle Bar (M-14), effective 20 March 1969
* Expert Marksmanship Qualification Badge with Grenade Bar (Hand Grenade), effective 27 March 1969
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16), effective 10 April 1969

16.  Special Orders Number 111, issued by Headquarters, 1st Advanced Individual Training Brigade, U.S. Army Training Center, Infantry, Fort Dix, NJ, dated 22 May 1969, awarded him the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60), effective 16 May 1969.

17.  Special Orders Number 121, issued by Headquarters, 1st Advanced Individual Training Brigade, U.S. Army Training Center, Infantry, Fort Dix, NJ, dated 5 June 1969, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), effective 23 May 1969.

18.  Army Regulation 600-8-22 (Military Awards) sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree - Expert, Sharpshooter, and Marksman - in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification should be shown as:  Expert Marksmanship Qualification Badge with Rifle Bar.  

19.  Army Regulation 600-8-22, paragraph 1-31 (Revocation of Badges, Ranger Tab, Special Forces Tab, and Sapper Tab), subparagraph c (11), states an award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification.  

20.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following 4 campaigns:

* Vietnam Summer – Fall 1969  (9 June 1969 - 31 October 1969)
* Vietnam Winter – Spring 1970  (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive  (1 May 1970 - 30 June 1970)
* Vietnam Counteroffensive, Phase VII  (1 July 1970 – 30 June 1971)

21.  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 unit to which the applicant was assigned was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 1 September 1968 through 30 September 1970, by Department of the Army General Orders (DAGO) Number 5, dated 1973
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 1 January 1966 through 21 January 1970, by DAGO Number 51, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Purple Heart for wounds he received in the Republic of Vietnam.  This award is not reflected on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show it. 

2.  The evidence of record shows he was awarded 3 awards of the Bronze Star Medal, including 1 with the "V" Device.  Only 2 awards of the Bronze Star Medal are reflected on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show 3 awards of the Bronze Star Medal, including 1 with the "V" Device.

3.  He served honorably from 13 February 1969 to 18 September 1970.  His record shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any disciplinary or derogatory actions or a commander's disqualification for the first award 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.
 
4.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), the Expert Marksmanship Qualification Badge with Grenade Bar (Hand Grenade), the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  These marksmanship badges are not reflected on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show them.

5.  He participated in 4 campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to 4 bronze service stars for wear on his previously-awarded Vietnam Service Medal and to correction of his DD Form 214 to show these bronze service stars.

6.  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.  These unit awards are not reflected on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show them.

7.  His SSN is incorrectly listed on his Purple Heart award orders; therefore, it would be appropriate to correct those general orders to show his correct SSN.

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  13 February 1969 to 18 September 1970; and 

   b. Amending his DD Form 214 to delete the Vietnam Service Medal and Bronze Star Medal with 1st Oak Leaf Cluster and add the:

* Purple Heart
* Bronze Star Medal (3rd Award) and with "V" Device
* Army Good Conduct Medal (1st Award)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Grenade Bar (Hand Grenade), and Machine Gun Bar (M-60)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Vietnam Service Medal with 4 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
   c. Amending General Orders Number 11132, issued by Headquarters, 25th Infantry Division, dated 31 August 1969, to show the SSN he used on his DA Form 20.




      __________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)                                         AR20120004474



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