IN THE CASE OF:	  

		BOARD DATE:	  6 June 2013

		DOCKET NUMBER:  AR20120020858 


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 Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states it was never entered on his DD Form 214.

3.  The applicant provides copies of his DD Form 214 and the certificate for his 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 21 June 1968 and completed training as an indirect fire infantryman in military occupational specialty MOS 11C.  He served in Vietnam and was medically retired due to combat-incurred wounds.

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 38 (Record of Assignments) – service in Vietnam with C Company, 1st Battalion, 14th Infantry as a mortar ammunition bearer in MOS 11C from 24 December 1968 until he was wounded on 13 March 1969 and he exclusively received “excellent” conduct and efficiency ratings

* item 41 (Awards and Decorations) – the National Defense Service Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and Grenade Bar, 1st Class Gunner (Sharpshooter) Marksmanship Qualification Badge with Mortar Bar, Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), Vietnam Service Medal, and the Vietnam Campaign Medal

4.  A 17 March 1969 telegram informed his mother that he had been wounded while on a combat operation.  General Orders Number 61, dated 14 March 1969, which were issued by the 71st Evacuation Hospital awarded him the Purple Heart.

5.  On 30 October 1970, the applicant was retired due to physical disability as a specialist four (SP4)/E-4.  His DD Form 214 shows he had 2 years, 4 months, and 10 days of active duty service.  It lists his awards as the National Defense Service Medal, Vietnam Service Medal, and the Vietnam Campaign Medal.

6.  Army Regulation 600-8-22 (Military Awards):

	a.  states the Combat Infantryman Badge (CIB) is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  

	b.  lists the campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  The two that coincide with the applicant's service are the Vietnam Counteroffensive Phase VI from 2 November 1968 - 
22 February 1969 and the Tet 69/Counteroffensive from 23 February - 8 June 1969.

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

8.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit was authorized the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation for the period 1 September 1968 through 28 July 1969 by Department of the Army General Order (DAGO) Number 3, dated 1970 and the RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 through 31 October 1969 by DAGO Number 53, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Purple Heart by appropriate orders.

2.  He held an infantry MOS and was wounded in action while serving as an infantryman in an infantry company.  He should be awarded the CIB.

3.  His exclusively “excellent” conduct and efficiency ratings and offense free record shows that, despite the lack of a recommendation, he otherwise qualified for award of the Army Good Conduct Medal.  The applicant should be awarded the Army Good Conduct Medal at this time.

4.  The applicant served in Vietnam during two designated campaign periods and is authorized two bronze service stars on the Vietnam Service Medal.

5.  He is also authorized the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.

6.  He was awarded three marksmanship qualification badges that are not shown on his DD Form 214. 

7.  As a result, he is entitled to correction of his DD Form 214 to list all earned awards and decorations as listed below.









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:

	a.  awarding him the CIB for service in Vietnam from December 1968 to  March 1969 and the Army Good Conduct Medal (1st Award) in the rank of SP4/E-4 for the period 21 June 1968 to 30 October 1970 and  

	b  adding the following awards to his DD Form 214:

* Purple Heart
* Combat Infantryman Badge
* Army Good Conduct Medal (1st Award)
* two bronze service stars to be affixed to his Vietnam Service Medal 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Mortar Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)




      _______ _   _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)                                         AR20120020858





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ABCMR Record of Proceedings (cont)                                         AR20120020858



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