IN THE CASE OF: 

		BOARD DATE:    9 April 2015

		DOCKET NUMBER:  AR20140015313 


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 Purple Heart.

2.  The applicant states he received a notice that his Purple Heart orders were amended to correct his last name and his social security number but the award is not listed on his DD Form 214.

3.  The applicant provides copies of a Department of the Army, Office of the Adjutant General, letter, Subject:  Corrected General Orders, dated 17 June 1974, and his DD Form 214. 

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 August 1969.  He held military occupational specialty (MOS) 11B (Light Weapons Infantryman).

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

	a.  item 38 (Record of Assignments) he was assigned, in Vietnam, to  Company A, 2nd Battalion, 47th Infantry, from 13 February 1970 through 
18 October 1970.  Effective 19 October 1970 his status changed to patient.  All his conduct and efficiency ratings were "excellent";

	b.  item 40 (Wounds):  Fragment wound, right wrist, hip on 13 October 1970; and

	c.  item 41 (Awards and Decorations) he was awarded the National Defense Service Medal, Vietnam Service Medal, Army Commendation Medal, Republic of Vietnam Campaign Medal with Device (1960), Marksmanship Qualification Badge with Rifle Bar, and one Overseas Service Bar.  

4.  He was honorably released from active duty on 2 June 1971 as a specialist four (SP4)/E-4.  His DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Army Commendation Medal, Republic Vietnam Campaign Medal with Device (1960), the Sharpshooter Qualification Badge with Rifle Bar, and one overseas service bar.

5.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), a partial compilation of general orders issued during the Vietnam era maintained by the Awards Branch of the U.S. Army Human Resources Command, revealed General Orders Number 10257, Headquarters, 25th Infantry Division, dated 17 October 1970, showing he was awarded the Bronze Star Medal for meritorious service from February 1970 to October 1970.

6.  He provides an Office of the Adjutant General letter notifying him that General Orders Number 216, Headquarters, 24th Evacuation Hospital, dated 17 October 1970, awarding him the Purple Heart, were amended to correct his last name and social security number.

7.  A review of his records shows he is authorized additional awards not listed on his DD Form 214.



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

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

	c.  contains the regulatory guidance for award of the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  During his service in Vietnam, the applicant participated in the following three campaigns:

* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

9.  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 the 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.  There must have been no convictions by a court-martial.

10.  Department of the Army Pamphlet (DA Pam) 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  This pamphlet shows the 2nd Battalion, 47th Infantry, was cited for award of the –

* Valorous Unit Award for the period 1 May-29 June 1970 in Department of the Army General Orders (DAGO) 43, dated 1972
* Vietnam Gallantry Cross with Palm Unit Citation for the period 29 July 1969-20 July 1970, in DAGO Number 55, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 26 July 1969-20 July 1970 in DAGO Number 55, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows he was wounded in action on 13 October 1970.  A letter from the Department of the Army Adjutant General shows he was awarded the Purple Heart.  However, it was omitted from his DD Form 214.  Therefore, it would be appropriate at this time to correct it.

2.  The applicant held an infantry MOS and was assigned to an infantry unit of brigade, regimental, or smaller size.  He was wounded in action on 13 October 1970.  Based on available evidence, he met the criteria for and should be awarded the CIB.

3.  The available evidence clearly shows he distinguished himself in the performance of his military service as evidenced by his "excellent" conduct and efficiency ratings, honorable release from active duty, advancement to SP4, and receipt of personal decorations.  There is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.  It is presumed his not receiving the first award of the Army Good Conduct Medal for his service was an administrative oversight.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for the period from 29 August 1969 to 2 June 1971.

4.  Orders show he was awarded the Bronze Star Medal.

5.  The applicant served in Vietnam during three designated campaign periods and is authorized three bronze service stars for wear on his already-awarded Vietnam Service Medal.

6.  His unit was awarded the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for a period of time that included the applicant's tour of duty in Vietnam.

7.  There is sufficient evidence to correct his DD Form 214 to show the aforementioned awards.



BOARD VOTE:

___x____  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  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 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 August 1969 to 2 June 1971;

	b.  awarding him the CIB for action on 13 October 1970; 

	c.  deleting from his DD Form 214 the Vietnam Service Medal with two bronze service stars; and 

   d.  adding to his DD Form 214 the:

* Purple Heart
* Bronze Star Medal
* Army Good Conduct Medal (1st Award) 
* Combat Infantryman Badge
* Vietnam Service Medal with three bronze service stars 
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20130006990



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ABCMR Record of Proceedings (cont)                                         AR20140015313



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