BOARD DATE:	  6 December 2012

		DOCKET NUMBER:  AR20120008604 


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 the Purple Heart and Bronze Star Medal.

2.  The applicant states he was wounded on a combat mission [in Vietnam] on 11 March 1971 and he was awarded a Purple Heart.  He did not want it presented in a ceremony so it was mailed to him along with the Bronze Star Medal.  He lost his original DD Form 214 and when he was reissued the DD Form 214 he realized neither medal was listed.

3.  The applicant provides his DD Form 214 and a Western Union Telegram.

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 23 January 1970 and he held military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He served in Vietnam from:

* 18 June 1970 - 11 March 1971, while assigned to the 5th Battalion, 46th Infantry, 23rd Infantry Division
* 11 - 16 March 1971, while assigned as a patient to the U.S. Army Hospital, Vietnam

3.  General Orders (GO) Number 15111, dated 18 November 1970, issued by Headquarters (HQ), 23rd Infantry Division, awarded him the Army Commendation Medal for meritorious achievement in connection with military operations against a hostile force from 1 July to 30 November 1970.

4.  The applicant provides a Western Union Telegram, dated 13 March 1971, wherein his parents were notified that he was wounded in action on 11 March 1971 while on a combat mission.  A booby trap detonated and he received wounds to both thighs and traumatic amputation, with surgical completion, to both his legs.

5.  On 16 March 1971, he was medically evacuated from Vietnam and assigned as a patient to the U.S. Army Hospital, Camp Zama, Japan.  On 29 March 1971, he was assigned as a patient to the U.S. Army Hospital, Fort Gordon, GA.

6.  GO Number 3969, dated 6 April 1971, issued by HQ, 23rd Infantry Division, awarded him the Bronze Star Medal for meritorious service from July 1970 to March 1971.

7.  GO Number 4560, dated 21 April 1971, issued by HQ, 23rd Infantry Division, awarded him the Air Medal for meritorious achievement while participating in aerial flight from 7 July 1970 to 3 February 1971.

8.  On 1 June 1971, he was honorably retired by reason of permanent disability.  He completed 1 year, 9 months, and 4 days of net active service.

9.  The DD Form 214 he was issued shows the:

* National Defense Service Medal
* Vietnam Service Medal with [one] bronze service star
* Vietnam Campaign Medal
* one overseas service bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

10.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.

11.  Item 41 (Awards and Decorations) of his DA Form 20 shows the:

* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* Marksman Marksmanship Qualification Badge with Grenade Bar
(M-79)
* Marksman Marksmanship Qualification Badge with Machine Gun Bar
(M-60)

12.  His record is void of orders showing award of the Purple Heart or the Combat Infantryman Badge.

13.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for the Purple Heart or the Combat Infantryman Badge pertaining to the applicant.

14.  His record is void of any derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).

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

16.  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.  

17.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance for 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 review of his records shows that during his service in Vietnam he participated in two campaigns.

18.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 5th Battalion, 46th Infantry was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March through 9 October 1971 by DAGO Number 6, dated 1974

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was wounded in action in Vietnam on 11 March 1971, and he states he was awarded the Purple Heart.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  GO awarded the applicant the Army Commendation Medal, Bronze Star Medal, and the Air Medal which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  He served honorably from 23 January 1970 to 1 June 1971.  He served in Vietnam and he received all "excellent" conduct and efficiency ratings throughout his service.  His record is void of a commander's disqualification or any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) based on completion of a qualifying period of Federal military service and correction of his DD Form 214 to show this award.

4.  The evidence of record confirms the applicant held an infantry MOS and was assigned to an infantry unit during his service in Vietnam.  His award of the Purple Heart confirms he served in active ground combat.  Although his record is void of orders awarding him the Combat Infantryman Badge, his DA Form 20 shows he was awarded this badge.  Therefore, it would be appropriate to correct his DD Form 214 to show this badge.

5.  His DA Form 20 also shows he was awarded the Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber), Marksman Marksmanship Qualification Badge with Grenade Bar (M-79), and the Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60).  Therefore, it would be appropriate to correct his DD Form 214 to show these badges.


6.  His record confirms he participated in two campaigns while serving in Vietnam.  Therefore, he is entitled to an additional bronze service star for wear on his already-awarded Vietnam Service Medal with one bronze service star and correction of his DD Form 214 accordingly.

7.  GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show this unit 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:  

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 23 January 1970 through 1 June 1971
* deleting from his DD Form 214 the Vietnam Service Medal with one bronze service star
* adding to his DD Form 214 the:

* Purple Heart
* Army Commendation Medal
* Bronze Star Medal
* Air Medal
* Army Good Conduct Medal (1st Award)
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* Marksman Marksmanship Qualification Badge with Grenade Bar      (M-79)
* Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Vietnam Service Medal with two bronze service stars
* 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)                                         AR20120008604



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ABCMR Record of Proceedings (cont)                                         AR20120008604



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