IN THE CASE OF:	   

		BOARD DATE:	 20 September 2012 

		DOCKET NUMBER:  AR20120005952 


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 award of the Purple Heart. 

2.  The applicant states he received the Purple Heart on 7 March 1969 but it was omitted from his DD Form 214. 

3.  The applicant provides:

* Certificate showing award of the Purple Heart
* DD Form 214
* Multiple photographs
* Assignment orders to the hospital
* DA Form 3078 (Personal Clothing Request)
* Transmittal of Financial Data Record Folder
* Department of Veterans Affairs rating
* General Orders (GO) and certificate awarding him the Bronze Star Medal with "V" Device

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 records show he was inducted into the Army of the United States on 19 March 1968 and held military occupational specialty (MOS) 11B (Light Weapons Infantryman).  

3.  Headquarters, U.S. Army Training Center, Fort Bliss, TX, Special Orders (SO) Number 109, dated 3 May 1968, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  Headquarters, U.S. Army Training Center, Fort Polk, LA, SO Number 160, dated 24 June 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  He served in Vietnam with Company A, 2nd Battalion, 47th Infantry, from 8 February 1969 to on or about 27 March 1969.  He was wounded in action on 7 March 1969.  He was initially treated in theater and later transferred to the Army Hospital in Japan.

6.  GO Number 69, issued by Headquarters, 3rd Field Hospital on 8 March 1969, awarded him the Purple Heart for wounds received in action on 7 March 1969.

7.  GO Number 4288, issued by Headquarters, 9th Infantry Division, awarded him the Bronze Star Medal for heroism in connection with military operations involving conflict with an armed hostile force in Vietnam on 7 March 1969.  He was assigned to Company C, 2nd Battalion, 47th Infantry at the time. 

8.  He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 7 November 1969 and he was transferred to the U.S. Army Reserve to complete his remaining service obligation.  His DD Form 214 shows he completed 1 year, 7 months, and 19 days of creditable active service with no lost time.  Additionally, this form shows the:

* National Defense Service Medal
* Bronze Star Medal with "V" Device
* Vietnam Service Medal
9.  A review of the applicant's records shows entitlement to additional awards and decorations that are not shown on his DD Form 214.

10.  His records do not contain official orders awarding him the Combat Infantryman Badge.

11.  Army Regulation 600-8-22 (Military Awards) provides that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  

12.  Army Regulation 600-8-22 (Military Awards) states the Republic of Vietnam Campaign Medal with Device (1960) (also known as the Vietnam Campaign Medal) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period     1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Individuals who had qualified for award of the Vietnam Service Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Republic of Vietnam Campaign Medal with Device (1960).

13.  A review of his records reveals no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Furthermore, item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service.  

14.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified 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 and no convictions by a court-martial. 

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during period his period of service in Vietnam (8 February to on or about 27 March 1969) the 2nd Battalion, 47th Infantry, was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from January to June 1969 based on DAGO Number 59, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for service from 19 December 1966 to 28 June 1969, based on DAGO Number 59, dated 1969

16.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that 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 campaigns:

* Vietnam Counteroffensive Phase VI, 2 November 1968 - 22 February 1969
* Tet 69/Counteroffensive, 23 February - 8 June 1969

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Purple Heart for wounds received in action on 7 March 1969 which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show the award.  

2.  He held an infantry MOS and was personally present with his infantry unit when it engaged the enemy on 7 March 1969.  He was wounded and received both the Purple Heart and the Bronze Star Medal with "V" Device.  He appears to have met the criteria for award of the Combat Infantryman Badge and should have his records corrected to show it.

3.  Although he did not complete 6 months of service in Vietnam, he was wounded in action and medically evacuated.  As such, he qualified for award of the Republic of Vietnam Campaign Medal with Device (1960) and correction of his DD Form 214 to show this award.

4.  SO awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, he is entitled to correction of his DD Form 214 to show these badges.

5.  He served honorably during the period 19 March 1968 through 7 November 1969.  He served in Vietnam, was awarded multiple combat awards, and he received "excellent" conduct and efficiency ratings throughout most of his military service.  Lacking any other derogatory information on file that would have disqualified him, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service and correct his records to show this award.

6.  He was awarded the Vietnam Service Medal.  Additionally, he participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

7.  His unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during a period of time the applicant was assigned to the unit.  Therefore, his DD Form 214 should be corrected to show these unit awards.

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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 19 March 1968 through 7 November 1969
* awarding him the Combat Infantryman Badge on 7 March 1969
* adding to item 24 of his DD Form 214 the:

* Purple Heart
* Combat Infantryman Badge
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60),
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).  
* Two bronze service stars to be affixed to his already-awarded Vietnam Service Medal



      _______ _   _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)                                         AR20120005952





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ABCMR Record of Proceedings (cont)                                         AR20120005952



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