BOARD DATE:	  13 December 2012

		DOCKET NUMBER:  AR20120010009 


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 that his records be corrected to show his awards of the Combat Infantryman Badge (CIB) and Purple Heart.

2.  The applicant states that he was awarded the CIB and Purple Heart and desires them to be added to his record.

3.  The applicant provides copies of orders awarding him the CIB and the Bronze Star Medal with “V” Device and a copy of his Purple Heart Certificate.

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.  He was inducted on 27 March 1968 and he completed his one-station unit training as a light weapons infantryman at Fort Polk, Louisiana before being transferred to Vietnam on 30 August 1968 for assignment to Company C, 3d Battalion, 187th Infantry Regiment.  He was advanced to pay grade E-4 on 1 December 1968. 

3.  After serving in five campaigns he departed Vietnam on 26 November 1969 for assignment to Fort Carson, Colorado where he remained until he was honorably released from active duty (REFRAD) on 26 March 1970 due to the expiration of his term of service.  He had served 2 years of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, Vietnam Service Medal with bronze service star, Vietnam Campaign Medal with device “60,” and the Army Commendation Medal.  A subsequent DD Form 215 (Correction to DD Form 214) was issued to add the award of the Bronze Star Medal with “V” Device.

4.  A review of his official records shows that he had excellent conduct and efficiency ratings throughout his service and his record is void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).

5.  A review of his records failed to show orders awarding him the Purple Heart.  However, the Purple Heart Certificate provided by the applicant shows that he was awarded the Purple Heart for wounds received on 14 May 1969, the same date for which he was awarded the Bronze Star Medal with “V” Device.  

6.  His records also show that he was awarded the Bronze Star Medal for meritorious service for the period of 1 September 1968 to 30 April 1969 in General Orders Number 6088 issued by Headquarters, 101st Airborne Division on 31 May 1969.

7.  Army Regulation 600-8-22 (Military Awards) states a bronze service star will be worn on the appropriate service medal based on qualifying service for each campaign listed in appendix B, in this case the Vietnam Service Medal.  A silver service star is worn in lieu of five bronze service stars.

8.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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.

9.  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 the applicant's unit was awarded the Presidential Unit Citation (PUC), Meritorious Unit Commendation (MUC), the Valorous Unit Award (VUA), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the CIB in duly-authorized orders and is entitled to have that award added to his records.

2.  While there are no orders present in the available records authorizing the award of the Purple Heart, the Purple Heart Certificate provided by the applicant shows that it was awarded for wounds received on the same date as indicated on his award of the Bronze Star Medal with “V” Device.  Therefore, it is reasonable to presume that he was in fact wounded during that action and was awarded the Purple Heart.  Accordingly, that award should be added to his records at this time.

3.  The applicant was also awarded the Bronze Star Medal for meritorious service which is not reflected on his DD Form 214.  Accordingly, it should be added at this time.

4.  A review of the applicant's records shows he had "excellent" conduct and efficiency ratings throughout his period of service and his records contain no derogatory information that would serve to disqualify him for the AGCM (1st Award).  Therefore, it appears the failure to award him this medal was the result of an administrative error.  Accordingly, he should be awarded the AGCM (1st Award) for the period 27 March 1968 to 26 March 1970 and his DD Form 214 should be corrected to show this award.

5.  The applicant served in five campaigns and thus is entitled wear one silver service star on his already-awarded Vietnam Service Medal.

6.  Additionally, his unit was awarded the PUC, MUC, VUA, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit and he is entitled to have those awards added to his DD Form 214.

BOARD VOTE:

__x_____  __x______  _x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. 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:

* Deleting the awards of the “Vietnam Service Medal with Bronze Service Star” and the “Bronze Star Medal with “V” Device” from his DD Form 214
* Awarding him the AGCM (1st Award) for the period 27 March 1968 to    26 March 1970
* Adding the awards of the CIB, Purple Heart, AGCM (first award), Vietnam Service Medal with one silver service star, Bronze Star Medal with “V” Device and one Oak Leaf Cluster, PUC, MUC, VUA, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214

2.  The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _ 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)                                         AR20120010009





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ABCMR Record of Proceedings (cont)                                         AR20120010009



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