IN THE CASE OF:	  

		BOARD DATE:  7 January 2014

		DOCKET NUMBER:  AR20130007313 


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 Army Commendation Medal and the Purple Heart.

2.  The applicant states neither of these awards are shown on his DD Form 214.

3.  The applicant provides his DD Form 214, a certificate, and a citation.

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 enlisted in the Regular Army on 29 November 1968 and he held military occupational specialty 11B (Light Weapons Infantryman).  He served in Vietnam from 21 July 1969 to 19 July 1970 while assigned to Company C, 1st Battalion, 20th Infantry, 11th Infantry Brigade.

3.  He was honorably released from active duty on 19 July 1970 and he was transferred to the U.S. Army Reserve.  He completed 1 year, 7 months, and 21 days of creditable active service with no lost time.

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

* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Bronze Star Medal
* Combat Infantryman Badge
* Vietnam Campaign Medal
* Vietnam Service Medal
* 2 overseas service bars

5.  His record is void of orders for the Army Commendation Medal or the Purple Heart.

6.  A review of the Vietnam casualty roster shows the applicant was wounded in action on 18 August 1969.  This entry contains code 24 to indicate "hostile wounded in action, not hospitalized."

7.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for the Army Commendation Medal pertaining to the applicant.

8.  Item 29 (Qualification in Arms) of his DA Form 20 (Enlisted Qualification Record) shows he qualified as sharpshooter with the M-60 machine gun and expert with the M-16 rifle.

9.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service, except for the period from 13 to 25 June 1969 (13 days) when he received "unknown" ratings.  Item 41 (Awards and Decorations) of his DA Form 20 does not show the Army Commendation Medal or the Purple Heart.  

10.  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).

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 and no convictions by a court-martial. Ratings of "unknown" for portions of the period under consideration were not disqualifying.  

12.  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 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 four campaigns.

13.  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 1st Battalion, 20th Infantry was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 24 August through 31 December 1969, by Department of the Army General Order (DAGO) Number 42, dated 1972.

14.  The applicant provides:

* a Purple Heart Certificate, dated 16 September 1969, wherein it shows he was awarded the Purple Heart for wounds received in action in Vietnam on 18 August 1969
* an Army Commendation Medal Citation, undated, wherein it shows he was presented the Army Commendation Medal for exceptionally meritorious achievement in Vietnam during the period 1 January to 30 April 1970






15.  Army Regulation 600-8-22 (Military Awards) states the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

DISCUSSION AND CONCLUSIONS:

1.  The applicant provided a certificate that shows he was awarded the Purple Heart for wounds received in action in Vietnam on 18 August 1969 and the Vietnam casualty roster confirms he was wounded by hostile action on 18 August 1969.  Therefore, it would be appropriate to correct his DD Form 214 to show the Purple Heart.

2.  The evidence of record confirms he served honorably from 29 November 1968 to 19 July 1970.  He served in Vietnam and he received all “excellent” conduct and efficiency ratings throughout his service, except for a 13 day period when he received "unknown" ratings.  His record is void of a commander's disqualification or 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 that during his service in Vietnam he participated in four campaigns.  Therefore, he is entitled to four bronze service stars 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 the period he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

5.  With respect to the Army Commendation Medal, the evidence of record is void of orders showing he was awarded the Army Commendation Medal.  The governing Army regulation states that formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations, which include the Army Commendation Medal.  Regrettably, in the absence of orders, there is insufficient evidence to correct his DD Form 214 to show award of the Army Commendation Medal.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X__ _  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 29 November 1968 through 19 July 1970
* 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 four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the Army Commendation Medal.  




      _______ _  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)                                         AR20130007313





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ABCMR Record of Proceedings (cont)                                         AR20130007313



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