IN THE CASE OF:	  

		BOARD DATE:	  4 January 2013

		DOCKET NUMBER:  AR20120010961 


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 the Purple Heart. 

2.  The applicant states he received the Purple Heart. 

3.  The applicant did not provide any 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 enlisted in the Regular Army on 14 January 1969 and he was awarded and held military occupational specialty 11B (light weapons infantryman).
3.  Headquarters, U.S. Army Training Center, Fort Benning, GA, published the following Special Orders (SO):

* SO Number 52 on 4 March 1969 awarding him the Expert Marksmanship Qualification Badge with Grenade Bar
* SO Number 53 on 5 March 1969 awarding him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

4.  Headquarters, U.S. Army Training Center, Fort Polk, LA, published the following SO:

* SO Number 97 on 24 April 1969 awarding him the Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* SO Number 107 on 6 May 1969 awarding him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

5.  He served in Vietnam with Company A, 2nd Battalion, 502nd Infantry, 101st Airborne Division from 28 June 1969 to 23 June 1970.  

6.  His records contain a Western Union Telegram which shows he was wounded in action in Vietnam on 16 May 1970 by a fragment while at a night defensive position when the area came under attack by hostile forces.  

7.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows he received a fragment wound to the right foot on 16 May 1970.  

8.  His records do not contain official orders awarding him the Purple Heart.

9.  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 13 January 1971.  He completed 2 years of active service with no lost time.  The DD Form 214 he was issued at the time shows the:

* National Defense Service Medal
* Combat Infantryman Badge
* Army Commendation Medal
* Vietnam Service Medal with bronze service star
* Air Medal
* Vietnam Campaign Medal with Device (1960)
* Bronze Star Medal

10.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against and enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

11.  A review of his service records reveals his entitlement to additional awards which are not listed on his DD Form 214.

12.  General Orders (GO) Number 14613, issued by Headquarters, 101st Airborne Division, on 9 December 1969, awarded him the Army Commendation Medal for meritorious achievement. 

13.  GO Number 9685, issued by Headquarters, 101st Airborne Division, on 20 August 1970, awarded him the Army Commendation Medal with "V" Device (1st Oak Leaf Cluster) for heroism on 24 March 1970.

14.  A review of his records reveals no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Furthermore, item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service.  

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

16.  Army Regulation 600-8-22, 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 three campaigns:

* Vietnam Summer - Fall 1969, 9 June - 31 October 1969
* Vietnam Winter - Spring 1970, 1 November 1969 - 30 April 1970
* Sanctuary Counteroffensive, 1 May - 30 June 1970
* Vietnam Counteroffensive Phase VII, 1 July 1970 - 30 June 1971

17.  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 2nd Battalion, 502nd Infantry was cited for award of the:
* Valorous Unit Award for valor from 25 April to 25 May 1970 based on Department of the Army General Orders (DAGO) Number 48, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO Number 8, dated 1974
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 18 March 1968 to 2 May 1970, based on DAGO Number 48, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s records contain a Western Union Telegram informing his next of kin that he sustained a combat injury in Vietnam on 16 May 1970.  This injury is further confirmed with the entry on his DA Form 20.  Therefore, these documents are accepted as sufficient evidence to confirm his entitlement to the Purple Heart and correct his DD Form 214 to show this award.

2.  The applicant was awarded the Expert Marksmanship Qualification Badge with Grenade Bar, Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), Marksman Marksmanship Qualification Badge with Machine Gun Bar  (M-60), and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). None of these badges are shown on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show these marksmanship badges.

3.  GO awarded him two awards of the Army Commendation Medal, one of them with a "V" Device for heroism.  His DD Form 214 omitted the second award for heroism.  Therefore, he is entitled to correction of his DD Form 214 to show both awards. 

4.  He was awarded the Vietnam Service Medal.  Additionally, he participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to four 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.

5.  His unit in Vietnam was cited for award of the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his service in Vietnam. Therefore, his DD Form 214 should be corrected to show these unit awards.

6.  He served honorably during the period 14 January 1969 through 13 January 1971.  He served in Vietnam, was awarded multiple combat awards, and he 

received "excellent" conduct and efficiency ratings throughout his military service. Lacking any other derogatory information on file that would have disqualified him, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service and correct his records 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 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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 14 January 1969 through 13 January 1971
* deleting from his DD Form 214 the Vietnam Service Medal with bronze service star and the Army Commendation Medal
* adding to his DD Form 214 the:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Expert Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Valorous Unit Award
* 
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)                                         AR20120010961





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ABCMR Record of Proceedings (cont)                                         AR20120010961



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