BOARD DATE:	  11 June 2013

		DOCKET NUMBER:  AR20120020595 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected by adding his award of the Purple Heart and deleting the award of the Parachutist Badge.

2.  The applicant states that his DD Form 214 fails to show his award of the Purple Heart and erroneously reflects an award of the Parachutist Badge.

3.  The applicant provides a copy of his DA Form 20 (Enlisted Qualification Record) and a copy of orders awarding him the Purple Heart.

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 was inducted on 7 October 1968.  He completed his basic training at Fort Dix, New Jersey and his advanced individual training as a light weapons infantryman at Fort Polk, Louisiana and was transferred to Fort Benning, Georgia to undergo noncommissioned officer (NCO) candidate training.  He completed the course and was transferred back to Fort Polk in the rank of sergeant. 

3.  On 7 October 1969, he was transferred to Vietnam for assignment to the 35th Infantry Regiment and on 8 March 1970, he was transferred to the 14th Infantry Regiment.

4.  The applicant served in three campaigns and on 25 April 1970, he was wounded in action and sustained gunshot wounds to the right foot and left knee.  He was awarded the Purple Heart on 27 April 1970 in General Orders Number 95, issued by Headquarters, 17th Field Hospital in Vietnam.  He was medically evacuated to Japan on 2 May 1970 and then to Fort Devens, Massachusetts, on 14 May 1970.

5.  On 3 February 1972, he was retired by reason of permanent disability with a 90-percent disability rating.  He had served 3 years, 3 months, and 27 days of active service and his DD Form 214 issued at the time of his retirement shows that he was awarded the National Defense Service Medal, Combat Infantryman Badge, and Parachutist Badge.

6.  A review of his official records shows that the applicant had "excellent" conduct and efficiency ratings throughout his service and his record is void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).  His records also show that he never attended airborne training nor was he awarded the Parachutist Badge.

7.  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 applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period he served with the unit.

8.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for 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.

9.  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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.

10.  Army Regulation 600-8-22 also states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Purple Heart for wounds received in Vietnam on 25 April 1970 and is entitled to have that award added to his DD Form 214.

2.  His DD Form 214 shows he was awarded the Parachutist Badge; however, he was never awarded the Parachutist Badge and that award was erroneously entered on his DD Form 214.  Accordingly, it should be deleted.

3.  He participated in three campaigns during his service in Vietnam that entitles him to three bronze service stars for wear on the Vietnam Service Medal which he is also qualified to receive.  Therefore, his DD Form 214 should be corrected to show the Vietnam Service Medal with three bronze service stars.

4.  He served during a qualifying period of service for entitlement to the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show this award.

5.  The applicant also served during a qualifying period for award of the AGCM (1st Award); therefore, he should be awarded the AGCM for the period of 7 October 1968 to 6 October 1971.

6.  Additionally, the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period he served with the unit.  Accordingly, they 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:

1.  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 AGCM (1st Award) for the period 7 October 1968 to 6 October 1971
* deleting award of the Parachutist Badge from his DD Form 214
* adding the following awards to his DD Form 214 –

* Purple Heart
* AGCM (1st Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

2.  The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________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)                                         AR20120020595



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ABCMR Record of Proceedings (cont)                                         AR20120020595



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