IN THE CASE OF:	  

		BOARD DATE:  30 July 2013

		DOCKET NUMBER:  AR20130000082 


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, Bronze Star Medal, and Vietnam Service Medal with two bronze service stars. 

2.  The applicant states his DD Form 214 omitted his awards.

3.  The applicant provides:

* DD Form 214 
* Purple Heart Certificate
* Letter from the National Personnel Records Center, dated 26 November 2012

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 enlisted in the Regular Army on 3 March 1970 and he held military occupational specialty 11B (Light Weapons Infantryman).

3.  He served in Vietnam from 6 August 1970 to on or about 28 June 1971.  He was assigned to Company B, 4th Battalion, 3rd Infantry Regiment.  

4.  He was wounded as a result of hostile action on 28 June 1971 when he stepped on a booby trap/landmine.  He sustained multiple fragment wounds to both lower extremities.

5.  General Orders (GO) Number 7688, issued by Headquarters, 23rd Infantry Division, dated 8 July 1971, awarded him the Air Medal for meritorious achievement in Vietnam from 13 September 1970 to 23 April 1971.

6.  GO Number 07737, issued by the same headquarters, dated 10 July 1971, awarded him the Bronze Star Medal for meritorious service in Vietnam from 
1 August 1970 to 30 June 1971.

7.  His service record does not contain orders awarding him the Purple Heart.  He provides a certificate, dated 1 July 1971, that shows he was awarded the Purple Heart for wounds received in action in Vietnam on 28 June 1971.

8.  On 2 May 1972, he was retired by reason of permanent disability and placed on the Retired List in his retired rank/grade of sergeant (SGT)/E-5 on the following day.  He completed 2 years and 2 months of total active service with no time lost.  The DD Form 214 he was issued at the time shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Army Commendation Medal
* Two overseas service bars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60)

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states:

	a.  The Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify 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.

	b.  Appendix B lists the Vietnam campaigns and states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign..  It shows that during the applicant's service in Vietnam participation credit was awarded for the Vietnam Counteroffensive Phase VII
(1 July 1970 - 30 June 1971) campaign.

10.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Furthermore, item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings during his military service, except while in a patient status, where his ratings were "unknown."

11.  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.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.

12.  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 4th Battalion, 3rd Infantry Regiment, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February through 30 April 1971 by Department of the Army General Order Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's available medical records clearly show he was wounded in action on 28 June 1971 in Vietnam and he was treated and ultimately retired for disability as a result of this injury.  He also provides a certificate confirming his receipt of the Purple Heart for this injury.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  GO awarded him the Bronze Star Medal and the Air Medal, neither of which is shown on his DD Form 214.  Therefore, he is entitled to correction of his
DD Form 214 to show these awards.

3.  He was awarded the Vietnam Service Medal.  Additionally, he participated in one campaign while serving in Vietnam.  Therefore, he is entitled one bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show this bronze service star.

4.  His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

5.  He served honorably during the period 3 March 1970 through 2 May 1972.  He attained the rank/grade of SGT/E-5, served in Vietnam, and received "excellent" conduct and efficiency ratings throughout his military service (except while in a patient status).  Absent any derogatory information on file that would have disqualified him, it would be appropriate to award him the Army Good Conduct Medal (1st Award) based on completion of qualifying service ending with the termination of a period of Federal military service and to correct his DD Form 214 to show this 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:

* deleting from his DD Form 214 the Vietnam Service Medal
* awarding him the Army Good Conduct Medal (1st Award) for the period
3 March 1970 through 2 May 1972
* adding to his DD Form 214 the:

* Bronze Star Medal
* Purple Heart
* Air Medal
* 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)                                         AR20130000082



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ABCMR Record of Proceedings (cont)                                         AR20130000082



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