IN THE CASE OF:	  

		BOARD DATE:	  15 January 2013

		DOCKET NUMBER:  AR20120010941 


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 the following awards be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 19 October 1970:

* Purple Heart
* Army Commendation Medal
* Army Good Conduct Medal

2.  The applicant states these awards were not included on his DD Form 214.

3.  The applicant provides:

* orders and certificate awarding him the Purple Heart
* orders awarding him the Army Commendation Medal

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 into the Army of the United States on 10 March 1969.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  Headquarters, U.S. Army Training Center, Infantry, and Fort Lewis, Fort Lewis, Washington issued:

* Special Orders Number 163, dated 12 June 1969, awarding him the Second Class Gunner Badge (now known as the Marksman Marksmanship Qualification Badge) with Machine Gun Bar
* Special Orders Number 175, dated 24 June 1969, awarding him the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar

4.  He was assigned to the 3rd Battalion, 21st Infantry, in the Republic of Vietnam from 28 August 1969 to 29 June 1970.

5.  He provided the following orders issued by Headquarters, Americal Division:

* General Orders Number 1798, dated 25 February 1970, awarding him the Purple Heart for wounds received in action on 22 February 1970
* General Orders Number 6551, dated 24 June 1970, awarding him the Army Commendation Medal for meritorious achievement from 1 January to 30 April 1970

6.  On 19 October 1970, he was released from active duty.  He completed 1 year, 7 months, and 10 days of active service that was characterized as honorable.  His DD Form 214 shows he was awarded or is authorized the:

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

7.  There is no evidence he received the first award of the Army Good Conduct Medal.  There also is no evidence he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received conduct and efficiency ratings of "excellent" throughout his service.
8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, and unit citation emblems awarded during the Vietnam Conflict.  

	a.  During his assignment to the 3rd Battalion, 21st Infantry the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the periods:

* 24 August-31 December 1969
* 31 March-30 June 1970

	b.  Not more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation will be worn by any individual.  However, although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will indicate all awards received.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  Based on his dates of service in Vietnam, Table B-1 (Campaigns, Service Requirement, and Inscriptions Prescribed for Streamers) shows he served in the:

* Vietnam Summer-Fall 1969 Campaign (9 June 1969-31 October 1969)
* Vietnam Winter-Spring 1970 Campaign (1 November 1969-30 April 1970)
* DA Sanctuary Counteroffensive Campaign (1 May 1970-30 June 1970)

	b.  The award of a bronze service star is authorized based on qualifying service for each campaign listed in Table B-1.  Authorized service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.  

10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded 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. 

	a.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  

	b.  There must have been no convictions by a court-martial.  

	c.  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.

DISCUSSION AND CONCLUSIONS:

1.  Orders provided by the applicant show he was awarded the Purple Heart and the Army Commendation Medal.  Therefore, these awards should be added to his DD Form 214.

2.  His records do not show indiscipline or lost time, he received conduct and efficiency ratings of "excellent" throughout his military service.  Therefore, the preponderance of evidence shows he should be awarded the first award of the Army Good Conduct Medal based on completion of qualifying service from 10 March 1969 to 19 October 1970 ending with termination of a period of Federal military service.

3.  He participated in three campaigns during his service in Vietnam.  Therefore, he is authorized three bronze service stars to be worn on his Vietnam Service Medal.  

4.  His unit received two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should reflect these awards.

5.  Orders in his Military Personnel Records Jacket show he was awarded the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar and the Marksman Marksmanship Qualification Badge with Machine Gun Bar.  Therefore, these badges should be 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:

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 March 1969 to 19 October 1970,

	b.  deleting the Vietnam Service Medal from his DD Form 214, and

	c.  amending his DD Form 214 to include the:

* Purple Heart
* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar
* Marksman Marksmanship Qualification Badge with Machine Gun Bar



      ____________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)                                         AR20120010941



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ABCMR Record of Proceedings (cont)                                         AR20120010941



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