IN THE CASE OF: 

		BOARD DATE:	    12 August 2014

		DOCKET NUMBER:  AR20130022223 


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 award of the Bronze Star Medal (BSM) with "V" Device and the Purple Heart.

2.  He states he received the Purple Heart for a gunshot wound he sustained in the Republic of Vietnam (RVN) on 20 November 1969.   

3.  He provides his DD Form 214, Orders Number 472 dated 20 January 1970, and his DA Form 20 (Enlisted Qualification Record).

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 into the Army of the United States on 13 August 1968.  He served in the RVN from 1 September 1969 to 1 January 1970 and was assigned to Company D, 1st Battalion, 22nd Infantry Regiment, 4th Infantry Division.  He was honorably released from active duty on 15 June 1970 and credited with completing 1 year, 10 months, and 3 days of active duty service.

3.  His DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal (VSM) with one bronze service star
* Combat Infantryman Badge 
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Machine Gun Bar 
(M-60)

4.  The applicant's name is listed on the Vietnam casualty listing.  The listing 
verified that he was wounded as a result of hostile action on 20 November 1969. 

5.  His DA Form 20 shows in:

	a.  Item 38 (Record of Assignments) on 18 December 1969, he was reassigned to the Medical Hospital Command, Camp Zama, Japan as a patient.  

   b.  Item 38 also shows he received all "excellent" conduct and efficiency ratings with one rating of "unknown" throughout his period of service.   

   c.  Item 40 (Wounds) shows the entry "Gunshot wound to the left leg" on
20 November 1969. 

6.  There is no record of any Article 15s, courts-martial, or any type of adverse action in his available records.  There is also no record of a commander's disqualification for the Army Good Conduct Medal (AGCM).

7.  General Orders Number 472, issued by Headquarters, 4th Infantry Division, dated 20 January 1970, awarded the applicant the BSM with "V" Device for heroism in connection with military operations against a hostile force in the RVN on 20 November 1969.

8.  A 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 U.S. Army Human Resources Command, Military Awards Branch, failed to reveal any orders awarding him the Purple Heart.
9.  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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying. 

10.  Army Regulation 600-8-22 (Military Awards) states the RVN 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.  Also eligible for this award are individuals who qualified for award of the VSM or the Armed Forces Expeditionary Medal and served for less than six months of service but:

* were wounded as a result of hostile action 
* were captured by hostile forces but later escaped or were rescued or released
* were killed in action or otherwise in line of duty

11.  Appendix B of Army Regulation 600-8-22 (Military Awards) states a bronze service star is awarded for wear on the VSM for participation in each campaign.  Appendix B shows participation credit was awarded for the following campaigns coinciding with the applicant's service in Vietnam:

* Vietnam Summer - Fall 1969 (9 June 1969 - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units that served in the Vietnam War.  This pamphlet shows the 1st Battalion, 22nd Infantry Regiment, to which he was assigned, was cited for the RVN Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders (DAGO) Number 53, dated 1970 and the RVN Gallantry Cross with Palm Unit Citation by DAGO Number 54, dated 1974.






DISCUSSION AND CONCLUSIONS:

1.  The Vietnam casualty listing verifies the applicant was wounded by a hostile force on 20 November 1969.  Therefore, he is entitled to correction of his 
DD Form 214 to show the award of the Purple Heart for wounds sustained on
20 November 1969.

2.  General orders verify he was awarded the BSM with "V" Device.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  The evidence of record shows he received "excellent" conduct and efficiency ratings and he had no adverse actions or commander's disqualification for award of the AGCM.  Therefore, he is entitled to award of the AGCM (1st Award) for the period 13 August 1968 to 15 June 1970 and correction of his DD Form 214 to show this award.

4.  The evidence of record shows the applicant served in Vietnam from 
1 September 1969 to 1 January 1970.  He was wounded in action by hostile forces on 20 November 1970 as verified by the Vietnam casualty listing and he was medically evacuated.  Therefore, he is entitled to award of the RVN Campaign Medal with Device (1960) and correction of his records to show this award.

5.  The evidence of record shows he is entitled to wear the RVN Civil Actions Honor Medal First Class Unit Citation and the RVN Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show these awards. 

6.  The evidence also shows he participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his records to show two bronze service stars for wear on his already-awarded VSM.

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
13 August 1968 to 15 June 1970;

	b.  deleting from his DD Form 214 the Vietnam Service Medal with one bronze service star; and
   
c. adding to his DD Form 214:

* Bronze Star Medal with "V" Device
* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 
* 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)                                         AR20130022223





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ABCMR Record of Proceedings (cont)                                         AR20130022223



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