BOARD DATE:	  9 October 2012

		DOCKET NUMBER:  AR20120005701 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the:

* Bronze Star Medal (2nd Award) and with "V" Device
* Purple Heart (2nd Award)
* Air Medal

2.  The applicant states he earned these awards and the fact the middle initial    E instead of B was listed on some of the awards orders may have resulted in the omission of the awards from his DD Form 214.

3.  The applicant provides:

* General Orders Number 358, issued by Headquarters, 101st Airborne Division, dated 15 January 1969 (Purple Heart)
* Bronze Star Medal Certificate and citation, dated 19 March 1969
* General Orders Number 6504, issued by Headquarters, 101st Airborne Division, dated 9 June 1969, and citation (Bronze Star Medal with "V" Device)
* General Orders Number 6540, issued by Headquarters, 101st Airborne Division, dated 9 June 1969 (Purple Heart)
* Air Medal Certificate and citation, dated 17 September 1969


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
15 November 1967.  He was trained in and awarded military occupational specialty (MOS) 11B1P (Light Weapons Infantryman-Parachutist).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

* item 31 (Foreign Service) he served in the Republic of Vietnam (RVN) from 6 June 1968 through 19 June 1969
* item 38 (Record of Assignments) that during his RVN tour, he was assigned to Company B, 1st Battalion, 501st Infantry Regiment, performing duties in MOS 11B as a rifleman and automatic rifleman
* item 38 he received all "excellent" conduct and efficiency ratings through his active duty assignments
* item 40 (Wounds) the entries:

* metal fragments to abdomen – 4 January 1969
* fragment wound to right foot and right calf – 18 May 1969

* item 41 (Awards and Decorations) the:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Parachutist Badge
* Vietnam Service Medal
* Combat Infantryman Badge
* Purple Heart
* Army Commendation Medal
* RVN Campaign Medal with Device (1960)


4.  The applicant's record is void of any derogatory information or a unit commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.

5.  The applicant's record also contains casualty reports and Western Union telegrams indicating he was twice wounded in action in the RVN, on 4 January and 18 May 1969, and orders awarding him the PH for being wounded in action in the RVN on 4 January 1969.  It further contains marksmanship qualification orders showing the applicant qualified as a sharpshooter with the M-14 and M-16 rifles and with the M-60 machinegun.

6.  On 20 June 1969, the applicant was honorably released from active duty (REFRAD) as an overseas returnee.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.  He completed 1 year, 7 months, and 6 days of total active service.  The DD Form 214 he was issued at the time shows award of the:

* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device (21960)
* Army Commendation Medal
* Parachutist Badge
* Combat Infantryman Badge
* Purple Heart

7.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, shows:

* General Orders Number 2475, issued by Headquarters, 101st Airborne Division, dated 19 March 1969, awarded the applicant the Bronze Star Medal for meritorious service in the RVN during the period 1 July 1968 to 28 February 1969
* General Orders Number 8982, issued by the same headquarters, dated 17 July 1969, that awarded him the Air Medal for meritorious achievement in the RVN for action on 29 April 1969

8.  General Orders Number 358, dated 15 January 1969, and General Orders Number 6540, dated 9 June 1969, awarded the applicant the Purple Heart for 


wounds received in action in the RVN on 4 January 1969 and 18 May 1969, respectively.

9.  General Orders Number 6504, dated 9 June 1969, awarded the applicant the Bronze Star Medal with "V" Device for heroism in the RVN on 4 January 1969

10.  Army Regulation 600-8-22 (Military Awards), 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.  A silver service star will be worn in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following five campaigns:

* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)

11.  Army Regulation 672-5-1 (Decorations and 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 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.

12.  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 1st Battalion, 501st Infantry, was cited for award of the:

* RVN Gallantry Cross with Palm Unit Citation for the period 19 April through 15 August 1968 by Department of the Army General Orders (DAGO) Number 21, dated 1969
* RVN Civil Actions Honor Medal First Class Unit Citation for the period
18 March 1968 through 2 May 1970 by DAGO 48, dated 1971



DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to add the Bronze Star Medal (2nd Award) and with "V" Device, Purple Heart (2nd Award), and the Air Medal to his DD Form 214 has been carefully considered and found to have merit.

2.  General orders awarded the applicant two awards of the Bronze Star Medal, one with "V" Device.  Therefore, his DD Form 214 should be corrected to show these awards.

3.  General orders awarded the applicant two awards of the Purple Heart.  Therefore, his DD Form 214 should be corrected to show these awards.

4.  General orders awarded the applicant the Air Medal.  Therefore, his DD Form 214 should be corrected to show this award.

5.  The evidence of record confirms the applicant received all "excellent" conduct and efficiency ratings at all of his active duty assignments.  Further, his record is void of any derogatory information or a unit commander's disqualification that would have precluded the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate at this time to award the applicant the Army Good Conduct Medal (1st Award) for the period 15 November 1967 through
20 June 1969 and to correct his DD Form 214 to show this award.

6.  The applicant participated in five campaigns during his service in the RVN that entitles him to one silver service star for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show this silver service star.

7.  Further, his record contains marksmanship qualification orders that confirm the applicant qualified as a sharpshooter with the M-14 and M-16 rifles and with the M-60 machinegun.  Therefore, his DD Form 214 should be corrected to show these marksmanship qualification badges.

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.  deleting from his DD Form 214 the Purple Heart and the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal for the period 15 November 1967 through 20 June 1969; and

	c.  adding to his DD Form 214 the:

* Bronze Star Medal (2nd Award) and with "V" Device
* Purple Heart (2nd Award)
* Air Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one silver service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60)



      _________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)                                         AR20120005701



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ABCMR Record of Proceedings (cont)                                         AR20120005701



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