BOARD DATE:	  13 November 2012

		DOCKET NUMBER:  AR20120009011 


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 and Bronze Star Medal.

2.  The applicant states he was wounded on 3 June 1970.  He further states he was awarded the Bronze Star Medal for his leadership.  

3.  The applicant provides no additional evidence.

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 11 June 1969.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 11B (Light Weapons Infantryman).  He was stationed in the Republic of Vietnam from 9 December 1969 through          15 December 1970, where he was further assigned to Company A, 4th Battalion, 31st Infantry Regiment.  The highest rank/grade he attained during this period of service was specialist four (SP4)/E-4.  

3.  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.  His record does not contain a record of a commander's disqualification for award of the Army Good Conduct Medal which would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.

4.  On 16 December 1970, he was honorably released from active duty as an overseas returnee and transferred to the U.S. Army Reserve Control Group (Annual Training).  His DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal 
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge 
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

5.  Item 40 (Wounds) of his DA Form 20 shows the entry "FW (L) Arm," indicating he sustained a fragment wound to his left arm  on 4 June 1970.

6.  The applicant’s record contains a Standard Form (SF) 88 (Report of Medical Examination), dated 15 December 1970.  Item 35 (Summary of Defects and Diagnoses) shows the applicant sustained a fragment wound to his left arm which had healed. 

7.  His record contains a memorandum from the Office of the Adjutant General, U.S. Army Administration Center, St. Louis, MO, to the Commanding General, 1st U.S. Army, dated 7 June 1971, which shows the applicant was awarded the Purple Heart on General Orders Number 5576, issued by Headquarters, Americal Division, on 5 June 1970.

8.  During the processing of this case, a member of the Board's staff reviewed the Department of the Army Vietnam casualty roster.  The applicant's name is not included on this roster.

9.  His record contains a memorandum from the Office of the Adjutant General, U.S. Army Administration Center, St. Louis, MO, to the Commanding General, 1st U.S. Army, dated 6 May 1971, which shows the applicant was awarded the Bronze Star Medal on General Orders Number 16121, issued by Headquarters, 23rd Infantry Division, on 13 December 1970. 

10.  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 Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart or Bronze Star Medal.

11.  Army Regulation 672-5-1 (Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in 
those cases when the period for the first award ends 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.

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 4th Battalion, 31st Infantry Regiment, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 24 August through 31 December 1969 by Department of the Army General Order Number 6, dated 1974.

13.  Army Regulation 600-8-22 (Military Awards), 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 Republic of Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in the Republic of Vietnam, the applicant participated in the following three campaigns:

* Vietnam Winter-Spring 1970
* DA Sanctuary Counteroffensive
* Vietnam Counteroffensive Phase VII

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Purple Heart and Bronze Star Medal. 
Therefore, his DD Form 214 should be corrected to show these awards.

2.  The evidence of record confirms he served honorably during the period 11 June 1969 through 16 December 1970.  He completed his tour of duty in Vietnam, he received all "excellent" conduct and efficiency ratings throughout his service, and he attained the rank/grade of SP4/E-4.  His record does not contain  a commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal          (1st Award) for the period 11 June 1969 through 16 December 1970, and to correct his DD Form 214 to show this award.

3.  The applicant's unit in the Republic of Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

4.  Records show the applicant participated in three campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to three 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.

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

   b.  awarding him the Army Good Conduct Medal (1st Award) for the period
11 June 1969 through 16 December 1970; and
	
 	c.  adding to his DD Form 214 the:

* Purple Heart
* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Vietnam Service Medal with 3 bronze service stars




      _______ _   _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)                                         AR20120009011



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ABCMR Record of Proceedings (cont)                                         AR20120009011



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