IN THE CASE OF:	  

		BOARD DATE:  25 September 2012

		DOCKET NUMBER:  AR20120005364 


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 award of the Purple Heart.

2.  The applicant states he was wounded in his foot by a punji stick while in the rice fields in Vietnam and he was evacuated to Japan.

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 27 September 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 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's military personnel records show he was inducted into the Army of the United States on 3 November 1965.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty of 11B (Light Weapons Infantryman).

3.  5th Infantry Division (Mechanized) and Fort Carson, Fort Carson, CO Special Orders Number 210, dated 29 July 1966, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar.

4.  He was assigned to the 5th Battalion, 7th Cavalry, in the Republic of Vietnam from 2 August 1966 to 7 April 1967.  He was evacuated to the 249th General Hospital in Japan on 7 April 1967.

5.  Headquarters, 249th General Hospital General Orders Number 43, dated 3 May 1967, awarded him the Purple Heart for wounds received as a result of hostile action in the Republic of Vietnam on 31 March 1967.

6.  On 27 September 1967, he was released from active duty.  He completed 1 year, 10 months, and 25 days of active service that was characterized as honorable.  His DD Form 214 shows he was awarded or is authorized the:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* Air Medal
* Combat Infantryman Badge

7.  There is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received conduct and efficiency ratings of "excellent" throughout his service.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.  This pamphlet shows that during the time of his assignment to the 5th Battalion, 7th Calvary, the unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 9 August 1965 to 19 May 1969.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The award of a bronze service star is authorized based on qualifying service for each campaign listed in table B-1.  Authorized service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.

	b.  Based on his dates of service in Vietnam, table B-1 shows he participated in the Vietnam Counteroffensive Phase II Campaign (1 July 1966-31 May 1967).

10.  Army Regulation 672-5-1 (Military Awards), then in effect, promulgated Department of the Army policy, criteria, and administrative instructions concerning individual military awards.

	a.  The Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was each 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.

	b.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.

DISCUSSION AND CONCLUSIONS:

1.  His military personnel records jacket contained orders awarding him the Purple Heart.  Orders also show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.  Therefore, it is appropriate to add these two awards to his DD Form 214.

2.  The applicant's records do not show indiscipline or lost time and he received conduct and efficiency ratings of "excellent" throughout his military service.  Therefore, the preponderance of evidence shows the applicant should be awarded the first award of the Army Good Conduct Medal based on completion of qualifying service from 3 November 1965 to 27 September 1967 ending with termination of a period of Federal military service.

3.  Based on his service in the Republic of Vietnam he is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation and one bronze service star to be worn on his Vietnam Service Medal.

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 3 November 1965 to 27 September 1967 and

	b.  amending his DD Form 214 by deleting award of the Vietnam Service Medal and adding the following awards:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one bronze service star
* Expert Marksmanship Qualification Badge with Rifle Bar
* Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20120005364



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ABCMR Record of Proceedings (cont)                                         AR20120005364



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