IN THE CASE OF:	  

		BOARD DATE:  5 June 2012

		DOCKET NUMBER:  AR20120007005 


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 the Purple Heart (PH) he earned be added to his 
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

2.  The applicant states that he was awarded the PH so close to the end of his service it was not added to his DD Form 214.  

3.  The applicant provides a PH Certificate in support of his request.  

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 22 August 1967, and was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).   He was promoted to sergeant (SGT) on 30 April 1968, and this was the highest rank he attained and held while serving on active duty.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 31 July 1968 through 26 April 1969.  Item 38 (Record of Assignments) shows that during the applicant's RVN tour, he was assigned to Company D, 5th Battalion, 12th Infantry Regiment, performing duties in MOS 11B as an infantry squad and team leader.  Item 38 also shows the applicant received all "excellent" conduct and efficiency ratings throughout his service.

4.  Item 41 (Awards and Decorations) of the DA Form 20 shows the applicant earned the following awards:

* National Defense Service Medal (NDSM)
* Expert Marksmanship Qualification Badge with Rifle Bar
* RVN Campaign Medal with 60 Device
* Vietnam Service Medal (VSM)

5.  The applicant's Military Personnel Records Jacket (MPRJ) is void of any derogatory information or a unit commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal.  The MPRJ contains a Standard Form (SF) 89 (Record of Medical History) and SF 88 (Record of Medical Examination) documenting his separation medical examination.  Both these forms contain entries indicating the applicant received fragment wounds on 10 March 1969 while serving in the RVN.

6.  The MPRJ also contains a casualty report, dated 13 March 1969 that indicates the applicant was wounded in action in the RVN on 10 March 1969 when he received fragment wounds to both legs and his left arm while on an ambush patrol and engaged with enemy forces.  There is also a Western Union telegram in the MPRJ that notified the applicant’s mother he had been wounded in action in the RVN on 10 March 1969.

7.  On 27 April 1969, the applicant was honorably released from active duty.  The DD Form 214 he was issued at that time lists the NDSM, VSM, and RVNCM as earned awards.

8.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing shows the applicant's name is listed as a casualty on 10 March 1969 under casualty code 23, slightly wounded in action.  

9.  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 United States failed to reveal any award orders pertaining to the applicant.

10.  Army Regulation 600-8-22 (Military Awards) prescribes the Army’s awards policy.  

   a.  Paragraph 2-8 contains guidance on award of the PH.  It states in order to support award of the Purple Heart there must be evidence that the wound for which the award is being made was received as a result of enemy action; that it required treatment by military medical personnel; and a record of this treatment must have been made a matter of official record;

   b.  Paragraph 2-13 contains guidance on the VSM.  It states a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN; 

   c. Table B-1 contains a list of RVN campaigns.  It shows that during the applicant’s tenure of assignment in the RVN, participating credit was granted for the Vietnam Counteroffensive Phase V (1 July - 1 November 1968), Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969), and Tet 69 Counteroffensive 1969 (23 February-8 June 1969); and 

   d.  Chapter 8 contains guidance on the Combat Infantryman Badge (CIB).  It states in order to support award of the CIB there must be evidence that the member held and served in an infantry MOS, in an infantry unit of brigadge, regimental, or smaller size; and was personally present and participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces.  

11.  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 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.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) assists commanders in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that during the applicant's tenure of assignment in the RVN, his unit (5th Battalion, 
12th Infantry Regiment) was cited for award of the RVN Civil Actions Honor Medal (RVNCAHM) First Class (FC) Unit Citation for the period 1 April 1968 through 31 July 1970 by Department of the Army General Orders (DAGO) Number 51, dated 1971; and RVN Gallantry Cross (RVNGC) with Palm Unit Citation by DAGO Number 51, dated 1971.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was wounded in action in the RVN on 10 March 1969, as evidenced by the casualty report and Western Union telegram in his MPRJ and by an entry on the Vietnam Casualty Roster which corroborate the information contained on the PH certificate provided by the applicant.  Therefore, his DD Form 214 should be corrected to show this award.

2.  The record also shows the applicant received “excellent” conduct and efficiency ratings at all of his active duty assignments and his MPRJ is void of derogatory information or a unit commander disqualification that would have precluded award of the AGCM.  Therefore, it would be appropriate to award him the first award of the AGCM for his qualifying honorable active duty service from 22 August 1967 through 27 April 1969, and by adding this award to his record and DD Form 214. 

3.  Based on his qualifying combat service and participation as an infantryman, the applicant is also eligible for the CIB.  Further, based on his RVN service and campaign participation, he is also eligible for 3 bronze service stars for wear on his already-awarded Vietnam Service Medal.  He is also authorized to wear the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would also be appropriate to add these awards to his record and DD Form 214.

4.  In addition, the applicant’s DA Form 20 confirms he earned the Expert Marksmanship Qualification Badge with Rifle Bar that was not included on his DD Form 214.  As a result, it would be appropriate to add it to the DD Form 214 at this time. 



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 Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
22 August 1967 through 27 April 1969 and the Combat Infantryman Badge for his qualifying infantry combat service on 10 March 1969; and 

	c.  adding to his DD Form 214:

* Purple Heart 
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 3 bronze service stars 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar



      ____________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)                                         AR20120007005



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ABCMR Record of Proceedings (cont)                                         AR20120007005



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