IN THE CASE OF:	  

		BOARD DATE:	  6 June 2013

		DOCKET NUMBER:  AR20120021371 


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 addition of the Purple Heart and another Army Commendation Medal (ARCOM) with "V" Device to his DD Form 214 (Report of Transfer or Discharge). 

2.  The applicant states he received these in the mail after he was discharged.

3.  The applicant provides copies of correspondence, endorsements, certificates and citations relating to the awards. 

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.  On 29 June 1967, the applicant enlisted in the Regular Army.  He completed training in military occupational specialty (MOS) 95B (Military Policeman (MP)) and parachute training.  During training he qualified as a Sharpshooter with a service rifle and Marksman with a service pistol.

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

* item 38 (Record of Assignments) – service in Vietnam with the 66th MP Company, 93rd MP Battalion from 18 December 1968 through 28 January 1970 and exclusively “excellent” conduct and efficiency ratings
* there is no record of nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, courts-martial, or reductions in rank 

4.  General orders in the applicant's file awarded personal decorations as follows:

* Number 68, Headquarters, 18th MP Brigade, dated 24 September 1969 – the Bronze Star Medal with "V" device for valorous actions on 11 August 1968
* Number 7, Headquarters, 18th MP Brigade, dated 9 February 1970 – the Purple Heart for wounds sustained on 4 January 1970
* Number 453, Headquarters, U.S. Army Vietnam, dated 16 February 1970 – the ARCOM with "V" device for valorous actions on 15 October 1969
* Number 1795, Headquarters, U.S. Army Vietnam, dated 15 June 1970 – the ARCOM with First Oak Leaf Cluster "V" device for valorous actions on 4 January 1970

5.  On 3 February 1970, the applicant was released from active duty and transferred to the U.S. Army Reserve as a sergeant, pay grade E-5.  He had 2 years, 7 months, and 5 days of active duty service His DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, ARCOM with "V" Device, Bronze Star Medal, and the Parachutist Badge. 

6.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders pertaining to the applicant, except for the two ARCOMs with "V" Device.

7.  The applicant's submissions all relate to the awards described in paragraph 4 above.

8.  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 Soldier must have had all "excellent" conduct and efficiency ratings.  

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.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  The campaign four periods that correlate with the applicant's tour are the Vietnam Counteroffensive Phase VI – 2 November 1968 - 22 February 1969, Tet 69/Counteroffensive – 23 February through 8 June 1969, Vietnam Summer - Fall 1969 – 9 June - 31 October 1969, and the Vietnam Winter - Spring 1970 – 1 November 1969 - 30 April 1970

10.  Department of the Army General Order Number 8 of 1974 awarded Headquarters, U.S. Army Vietnam and all subordinate units the Republic of Vietnam Gallantry Cross with Palm Unit Citation to for the period 20 July 1965 through 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Bronze Star Medal with "V" Device; two ARCOMs, both with "V" Device; and the Purple Heart.  His DD Form 214 shows the Bronze Star Medal without the "V" Device, only one ARCOM with "V" Device, and no Purple Heart.  These errors should be corrected. 

3.  The applicant's exclusively “excellent” conduct and efficiency ratings, offense free record, and progression to pay grade E-5, indicate that, notwithstanding the absence of a commander's recommendation, he should be awarded the Army Good Conduct Medal.

4.  The applicant is authorized to wear four bronze service stars on the Vietnam Service Medal and he is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  He earned and was authorized Sharpshooter Marksmanship Qualification Badge with Rifle Bar and the Marksman Marksmanship Qualification Badge with Pistol Bar that are not shown of his DD Form 214.

6.  In view of the foregoing, it is appropriate to correct the applicant’s records by properly showing all his awards on his DD Form 214.

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 Army Good Conduct Medal (1st Award) for the period 29 June 1968 through 3 February 1970;

	b.  deleting from his DD Form 214 the Vietnam Service Medal, Army Commendation Medal with “V” device, and Bronze Star Medal; and

     c.  adding to his DD Form 214 the:

* Bronze Star Medal with "V" Device
* Army Commendation Medal with "V" Device and one Oak Leaf Cluster
* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with Four Bronze Service Stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
*  Marksman Marksmanship Qualification Badge with Pistol Bar



      _______ _   _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)                                         AR20120021371





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ABCMR Record of Proceedings (cont)                                         AR20120021371



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