IN THE CASE OF:	  

		BOARD DATE:  11 October 2012

		DOCKET NUMBER:  AR20120006180 


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 was wounded on 4 September 1967 in the Republic of Vietnam when the truck he was traveling in hit a land mine.

3.  The applicant provides a copy of a newspaper article and his DD Form 214.

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 14 July 1966.  He was awarded military occupational specialty 91B (Medical Specialist).
3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

   a.  item 31 (Foreign Service):  Vietnam - 31 December 1966 to 30 December 1967;

	b.  item 33 (Appointments and Reductions) he was promoted to specialist five (SP5)/pay grade E-5 with a date of rank of 10 November 1967;

	c.  item 38 (Record of Assignments) Headquarters and Headquarters Detachment, 13th Combat Aviation Battalion, from 5 January through
17 December 1967;

   d.  item 40 (Wounds) no entries; and

	e.  item 41 (Awards and Decorations):

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Vietnam Service Medal 
* Republic of Vietnam Campaign Medal with Device (1960)
* National Defense Service Medal
* Purple Heart
* Two Overseas Service Bars

4.  1st Aviation Brigade, General Orders Number 4377, dated 15 September 1967, awarded the applicant the Purple Heart for wounds received in the Republic of Vietnam on 4 September 1967.

5.   A DD Form 214 shows the applicant was honorably released from active duty, on 12 July 1968, based on expiration of term of service, and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.  It also shows:

	a.  his last duty assignment was the 10th Evacuation Hospital, Fort George G. Meade, Maryland;

	b.  he completed 1 year, 11 months, and 29 days of active service that included 1 year of foreign service; and

	c.  item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Two Overseas Service Bars
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar

6.  A review of the applicant's military personnel records reveals he may be authorized additional awards that are not shown in his records.

7.  A review of the applicant's military service records failed to reveal evidence of any disciplinary actions, adverse information, or commander's disqualification for the Army Good Conduct Medal (1st Award).

	a.  item 38 of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service; and

	b.  a DA Form 137 (Installation Clearance Record), dated 25 June 1968, shows the applicant's commander (or designated represented) rated his conduct and efficiency as "excellent."

8.  Army Regulation 672-5-1 (Military 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.  

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

	a.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.

	b.  Table B-1 contains a list of Vietnam Conflict campaigns and it shows (in pertinent part) the following two campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967- 29 January 1968)

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows at the time of the applicant's assignment to Headquarters and Headquarters Detachment, 13th Combat Aviation Battalion, the detachment was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation on two occasions, during the period:

* 1 March 1966 to 26 March 1967 by Department of the Army General Orders (DAGO) Number 22, dated 1968
* 27 March 1967 to 17 May 1968 by DAGO Number 21, dated 1969, as amended by DAGO Number 43, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Purple Heart for wounds received in the Republic of Vietnam on 4 September 1967.  Therefore, it would be appropriate to correct his DD Form 214 to show the Purple Heart.

2.  The evidence of record shows the applicant qualified for award of the Vietnam Service Medal and he served in two campaigns during his service in Vietnam.  Thus, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal.

3.  General orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award).

4.  The applicant served a qualifying period of active duty enlisted service for award of the Army Good Conduct Medal (1st Award) from 14 July 1966 to
12 July 1968.

	a.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the Army Good Conduct Medal (1st Award).

	b.  He received "excellent" conduct and efficiency ratings during his period of service.

	c.  He was promoted to SP5/E-5 with only 16 months of active service.

	d.  Despite the absence of the unit commander's recommendation for award of the Army Good Conduct Medal (1st Award), based on the available evidence it 


would be appropriate to award the applicant this medal and correct his
DD Form 214 to show the award.

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
14 July 1966 through 12 July 1968;

	b.  deleting from item 24 of his DD Form 214 the "Vietnam Service Medal"; and

	c.  adding to item 24 of his DD Form 214 the:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
(2nd Award)



      __________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)                                         AR20120006180



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ABCMR Record of Proceedings (cont)                                         AR20120006180



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