BOARD DATE:	  15 January 2013

		DOCKET NUMBER:  AR20120012109 


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 item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart.

2.  He states he was wounded in action and received a Purple Heart, but it is not listed in his DD Form 214.
   
3.  He provides:

* his DD Form 214
* two pages of his DA Form 20 (Enlisted Qualification Record)

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's records show he was inducted into the Army of the United States on 27 August 1968.  He served in the Republic of Vietnam from 12 May 1969 to 13 April 1970.

3.  His DA Form 20 shows in:

	a.  item 38 (Record of Assignments) he was assigned to Company C, 3rd Battalion, 1st Infantry Regiment, 11th Infantry Brigade from 20 May 1969 to 9 April 1970; 

	b.  item 38 he received all "excellent" ratings for conduct and efficiency;

	c.  item 40 (Wounds) he received a fragment wound to his left hand on 12 September 1969; and 

   d.  item 41 (Awards and Decorations) does not show award of the Purple Heart.

4.  His name is listed on the Vietnam casualty roster.

5.  On 13 April 1970, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  He had completed 1 year, 7 months, and 17 days of active service.  Item 24 of his DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with "1960" Device, Combat Infantryman Badge, 2 Overseas Service Bars, and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an 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.

7.  A review of his record indicates he is entitled to additional awards and decorations that are not shown on his DD Form 214.

8.  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 qualifying 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.  

9.  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 campaigns:

* Tet 69/Counteroffensive (23 February - 8 June 1969)
* Vietnam Summer-Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969 - 30 April 1970)

10.  Department of the Army General Orders (DAGO) Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he was wounded as a result of hostile action.  
Therefore, he is entitled to correction of his DD Form 214 to show award of the Purple Heart.

2.  The available evidence shows he served honorably from 27 August 1968 to 13 April 1970 and he received "excellent" conduct and efficiency ratings throughout his tenure of service.  There is no evidence of any derogatory information in his record that would have disqualified him for award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal (1st Award) and correct his DD Form 214 to show the Army Good Conduct Medal.

3.  DAGOs also show the unit to which the applicant was assigned was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

4.  Records show the applicant participated in three campaigns during his service in the Republic of Vietnam.  Therefore, he is eligible for award of three bronze service stars to be worn on his already-awarded Vietnam Service Medal.
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
27 August 1968 to 13 April 1970;

	b.  deleting the VSM from his DD Form 214; and

	c.  adding the Purple Heart, Army Good Conduct Medal (1st Award), Vietnam Service Medal with three bronze service stars, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to item 24 of his DD Form 214.



      __________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)                                         AR20120012109



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ABCMR Record of Proceedings (cont)                                         AR20120012109



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