BOARD DATE:	  6 December 2012

		DOCKET NUMBER:  AR20120010273 


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, in effect, correction of his DD Form 214 (Armed Forces of the United Stated Report of Transfer or Discharge) to add the Purple Heart and any other awards to which he may be entitled, and issuance of these awards.

2.  The applicant states he never received the medals or awards he earned after coming home from Vietnam.  He was awarded the Purple Heart for shrapnel wounds to his head, right leg, left hand, and right side.

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 ABCMR corrects records; the Board does not issue medals or badges.  For Army personnel, requests for the issuance or replacement of military service medals, decorations, awards, badges, and corresponding accouterments should be directed to the National Personnel Records Center (NPRC).  The NPRC will verify the awards to which a veteran is entitled and forward the request with the verification to the appropriate service department for issuance of the medals.  Written requests with appropriate supporting evidence may be addressed to the NPRC, 1 Archives Drive, St. Louis, MO  63132-5100.  Once verified, the replacement medals and devices are shipped to the veteran.  Therefore, issuance of medals or badges will not be discussed further in this Record of Proceedings.

3.  The applicant was inducted into the Army of the United States on 15 April 1965 and held military occupational specialty 11E (Armor Crewman).

4.  Special Orders (SO) Number 95 issued by Headquarters, 4th Training Brigade, U.S. Army Training Center, Armor, Fort Knox, KY, dated 1 June 1965, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

5.  SO Number 197 issued by Headquarters, 1st Training Brigade, U.S. Army Training Center, Armor, Fort Knox, KY, dated 18 October 1965, awarded him the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60).

6.  On 16 December 1965, he accepted nonjudicial punishment under Article 15 of the Uniform Code of Military Justice for dereliction of duty (allowing a prisoner to escape).

7.  His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 5 March 1966 to 2 March 1967 and was assigned to:

* Troop C, 1st Squadron, 9th Cavalry Regiment, 1st Cavalry Division (Airmobile), from 10 to 20 March 1966
* Troop D, 1st Squadron, 9th Cavalry Regiment, 1st Cavalry Division (Airmobile), from 21 March 1966 to 1 March 1967

8.  General Orders (GO) Number 3384 issued by 1st Cavalry Division (Airmobile), Vietnam, dated 26 September 1966, awarded him the Purple Heart for wounds sustained in action on 5 May 1966.

9.  He was honorably released from active duty on 3 March 1967.  His DD Form 214 shows he completed 1 year, 10 months, and 19 days of net active service during this period of which 11 months and 28 days were credited as foreign service.  This form also shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* two overseas service bars
* Combat Infantryman Badge

10.  A review of his service record shows he received an Article 15; however, there was no other derogatory information in the form of lost time or a suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal during the period 15 April 1965 to 3 March 1967.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.  There are also no entries in his record to indicate his commanders denied him award of the Army Good Conduct Medal during this period of service.

11.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following campaigns:

* Vietnam Counteroffensive (25 December 1965-30 June 1966)
* Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967)

12.  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.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his service in Vietnam his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 20 July 1968 through 28 March 1973 by Department of the Army GO Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  GO awarded him the Purple Heart; therefore, he is entitled to correction of his DD Form 214 to add this award.

2.  SO awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60).  These badges are not shown on his DD Form 214; therefore, he is entitled to correction of this form to show theses badges.

3.  GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his DD Form 214 to add this unit award.

4.  The evidence of record shows he participated in two campaigns while serving in Vietnam which entitles him to two bronze service stars for wear on his previously-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

5.  He served honorably during the period 15 April 1965 through 3 March 1967 and he received all "excellent" conduct and efficiency ratings throughout this period.  Although he received an Article 15, he was honorably separated and his records do not contain any other derogatory information in the form of lost time or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal.  Additionally, there are no entries in his record to indicate that his commander denied him this award.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

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:

* awarding him the Army Good Conduct Medal (1st Award) for the period 15 April 1965 to 3 March 1967
* adding the following to his DD Form 214 

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* two bronze service stars to be affixed to his previously-awarded Vietnam Service Medal



      ___________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)                                         AR20120010273



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ABCMR Record of Proceedings (cont)                                         AR20120010273



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