IN THE CASE OF:	   

		BOARD DATE:	  11 December 2012

		DOCKET NUMBER:  AR20120009789


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, through his Member of Congress, requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the:

* Purple Heart
* Army Commendation Medal with "V" Device
* Army Good Conduct Medal

2.  The applicant states the requested medals don't appear on his DD Form 214. He further states he was awarded the Purple Heart at his bedside on 10 May 1969, while recovering from injuries at a Mobile Army Surgical Hospital (MASH) unit.

3.  The applicant provides his DD Form 214 and a color photograph that depicts him in a hospital bed with a bandaged left shoulder.

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 10 April 1968.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from on or about 15 September 1968 to on or about 28 May 1969.  Item 38 (Record of Assignments) of his DA Form 20 shows that during his period of service in the Republic of Vietnam he was assigned to Company A, 3rd Battalion, 60th Infantry Regiment, 9th Infantry Division.

4.  General Orders, issued by Headquarters, 9th Infantry Division, awarded him the Army Commendation Medal on the following occasions:

* General Orders Number 3714, dated 27 March 1969, awarded him the Army Commendation Medal, for outstanding achievement in connection with military operations against a hostile force in the Republic of Vietnam during the period 14 September 1968 to 24 February 1969
* General Orders Number 5679, dated 17 May 1969, awarded him the Army Commendation Medal (2nd Award) with "V" Device, for heroism in connection with military operations against an armed hostile force in the Republic of Vietnam, on 4 May 1969

5.  General Orders Number 129, issued by Headquarters, 3rd Surgical Hospital (Mobile Army), dated 12 May 1969, awarded him the Purple Heart, for wounds received in connection with military operations against a hostile force in the Republic of Vietnam, on 12 May 1969.

6.  Item 40 (Wounds) of his DA Form 20 shows he sustained a gunshot wound to his left shoulder on 11 May 1969.  Item 38 of his DA Form 20 shows his duty title changed from "rifleman" to "patient" on 11 May 1969.

7.  On 9 April 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve.  The DD Form 214 he was issued shows he was credited with the completion of 2 years of net active service during this period, including 8 months and 14 days of foreign service in the U.S. Army Pacific (USARPAC) theater of operations.  The highest rank/grade he attained during his period of military service was staff sergeant (SSG)/E-6.  His DD Form 214 further shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960), shown as the "Vietnam Campaign Medal"
* Combat Infantryman Badge
* Air Medal (2nd Award)
* Army Commendation Medal (2nd Award)
* Marksmanship Qualification Badge with Rifle Bar (unknown level and weapon system)
* Certificate of Achievement

8.  There is no indication in his available record that shows he was awarded the Army Good Conduct Medal.  Item 38 of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of a commander's disqualification for the award.  Additionally, there is no evidence of any convictions by courts-martial or nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ).

9.  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 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, and he/she could not have been convicted by court-martial.

10.  His record indicates he is entitled to additional awards which are not shown on his DD Form 214.

11.  General orders, issued by Headquarters, 9th Infantry Division, awarded him the Air Medal on the following occasions, for meritorious achievement while participating in sustained aerial flight:

* General Orders Number 1282, dated 5 February 1969, awarded him the Air Medal (1st Award), for meritorious achievement during the period        7 November 1968 to 15 January 1969
* General Orders Number 4038, dated 5 April 1969, awarded him the Air Medal (2nd Award), for meritorious achievement during the period          16 January 1969 to 8 March 1969
* General Orders Number 5843, dated 22 May 1969, awarded him the Air Medal (3rd Award), for meritorious achievement during the period             7 November 1968 to 5 April 1969
* General Orders Number 6374, dated 5 June 1969, awarded him the Air Medal (4th Award), for meritorious achievement during the period             7 November 1968 to 6 May 1969

12.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on 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.  Appendix B shows that during his service in Vietnam, the applicant participated in the following 3 campaigns:

* Vietnam Counteroffensive Phase V  (1 July 1968 – 1 November 1968)
* Vietnam Counteroffensive Phase VI  (2 November 1968 – 22 February 1969)
* Tet 69 Counteroffensive, 1969  (23 February 1969 – 8 June 1969)

13.  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 unit to which the applicant was assigned was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 1 January 1969 through 30 June 1969, by Department of the Army General Orders (DAGO) Number 59, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 19 December 1966 through 28 June 1969, by DAGO Number 59, dated 1969

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show the Purple Heart, the Army Commendation Medal with "V" Device, and the Army Good Conduct Medal.

2.  General orders awarded him the Purple Heart for wounds he received in the Republic of Vietnam.  This award is not reflected on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show it. 

3.  The evidence of record shows he was awarded 2 awards of the Army Commendation Medal, including 1 with the "V" Device.  Both awards are shown on his DD Form 214; however, the "V" Device is not reflected.  Therefore, it would be appropriate to correct his DD Form 214 to show he was awarded the Army Commendation Medal (2nd Award) and with "V" Device.

4.  He served honorably from 10 April 1968 to 9 April 1970.  His record shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any disciplinary or derogatory actions or a commander's disqualification for the first award of the Army Good Conduct Medal.  Therefore, as a matter of equity, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.
 
5.  General orders awarded him 4 awards of the Air Medal; however, only 2 are shown on his DD Form 214.  Therefore, it would be appropriate to correct his DD Form 214 to show the Air Medal (4th Award).

6.  He participated in 3 campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to 3 bronze service stars for wear on his previously-awarded Vietnam Service Medal and to correction of his DD Form 214 to show these bronze service stars.

7.  General orders awarded his unit of assignment in the Republic of Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  These unit awards are not reflected on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show them.

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. Awarding him the Army Good Conduct Medal (1st Award) for the period  10 April 1968 to 9 April 1970; and 
   b. Amending his DD Form 214 to delete the Vietnam Service Medal, the Army Commendation Medal (1st Oak Leaf Cluster (OLC)), and the Air Medal (1st OLC), and add the:

* Purple Heart
* Army Commendation Medal (2nd Award) and with "V" Device 
* Army Good Conduct Medal (1st Award)
* Air Medal (4th 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




      ____________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)                                         AR20100015543



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120009789



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1