IN THE CASE OF:	  

		BOARD DATE:	  30 April 2013

		DOCKET NUMBER:  AR20120017223 


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 and any other awards he might be entitled to.

2.  The applicant states he received orders for the Purple Heart for a gunshot wound he received [in Vietnam] on 3 March 1971.

3.  The applicant provides orders.

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 5 August 1969 and he held military occupational specialty 11B (Light Weapons Infantryman).  He served in Vietnam from 4 August 1970 to 7 March 1971 while assigned as follows:

* 4 August - 23 November 1970, 4th Battalion, 23rd Infantry, 25th Infantry Division
* 24 November 1970 - 7 March 1971, 1st Battalion, 61st Infantry, 1st Infantry Brigade, 5th Infantry Division

3.  He was wounded in action on 3 March 1971 and he was subsequently medically evacuated from Vietnam.  On 8 March 1971, he was assigned in a patient status to the U.S. Army Hospital, Camp Zama, Japan.

4.  General Orders Number 25, dated 9 March 1971, issued by Headquarters (HQ), 18th Surgical Hospital, Vietnam, awarded him the Purple Heart for wounds received in action on 3 March 1971.

5.  He was honorably released from active duty on 14 April 1971 and he was transferred to the U.S. Army Reserve.  He completed 1 year, 8 months, and 10 days of creditable active service with no lost time.

6.  The DD Form 214 he was issued shows the:

* Vietnam Service Medal
* National Defense Service Medal
* Vietnam Campaign Medal
* Army Commendation Medal
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

7.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record is void of any derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).

8.  Army Regulation 672-5-1 (Military 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.  

9.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance for 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.  A review of his records shows that during his service in Vietnam he participated in the Vietnam Counteroffensive Phase VII Campaign (1 July 1970 - 30 June 1971).

10.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 4th Battalion, 23rd Infantry, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 through 30 September 1970, by DAGO Number 5, dated 1973.

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Purple Heart which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  The evidence of record shows he served honorably from 5 August 1969 through 14 April 1971.  He served in Vietnam and received all "excellent" conduct and efficiency ratings throughout his military service.  His record is void of any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate to award him this medal and correct his DD Form 214 to show the medal.

3.  His record confirms he participated in one campaign while serving in Vietnam.  Therefore, he is entitled to one bronze service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.

4.  GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit 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 5 August 1969 through 14 April 1971
* deleting from his DD Form 214 the Vietnam Service Medal
* adding to his DD Form 214 the:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20120017223





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ABCMR Record of Proceedings (cont)                                         AR20120017223



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