BOARD DATE:	  14 July 2015

		DOCKET NUMBER:  AR20140020084 


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 award of the Purple Heart and the Republic of Vietnam (RVN) Campaign Medal with Device (1960).

2.  The applicant states it was an oversight that he was not awarded or issued these medals.

3.  The applicant provides his Purple Heart orders and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 was inducted into the Army of the United States on 19 June 1969 and he held military occupational specialty (MOS) 11F (Infantry Operations & Intelligence Specialist).

3.  He was assigned to the following units:

* Company E, 2nd Battalion (Airmobile), 501st Infantry, Vietnam, from 7 to 24 July 1970, as a squad leader
* 249th General Hospital, Japan, from 25 July to 30 August 1970, as a patient
* Company C, 1st Battalion (Airmobile), 501st Infantry, from 15 September to 27 April 1971, as team leader 

4.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows he sustained a fragment wound to his right leg on 18 July 1970.

5.  General Orders (GO) Number 8740, issued by Headquarters, 101st Airborne Division, (Airmobile), on 5 August 1970, awarded him the Purple Heart for wounds received in action on 18 July 1970.

6.  A review of his 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 "excellent" conduct and efficiency ratings throughout his military service.

7.  He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 3 May 1971.  His DD Form 214 shows he completed 1 year, 
10 months, and 15 days of active service with no lost time.  His DD Form 214 also shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Army Commendation Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

8.  Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge 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.  Additionally, Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

9.  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.

10.  Department of the Army (DA) Pamphlet 672-3 (Unit Citations and Campaign Participation Credit) shows during his service with the 2nd Battalion, 501st Infantry his unit was cited for award of the:

	a.  RVN Civil Actions Honor Medal First Class Unit Citation, for service from 18 March 1968 to 2 May 1970, by DAGO Number 48, dated 1971; and

	b.  RVN Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

11.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  The Vietnam Service Medal is awarded for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each approved campaign.  His period of RVN service coincides with the Vietnam Counteroffensive, Phase VII (1 July 1970 to 30 June 1971).

	b  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.  

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Purple Heart which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award. 

2.  The applicant held an infantry MOS and he was assigned to an infantry unit.  He was wounded in Vietnam on 18 July 1970 as a result of hostile action.  This clearly shows he was personally present and engaging the enemy with his infantry unit.  Therefore, he is entitled to award of the Combat Infantryman Badge and correction of his DD Form 214 to show this badge. 

3.  He served a qualifying period for award of the RVN Campaign Medal with Device (1960).  Therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  He was awarded the Vietnam Service Medal.  He also participated in one campaign during his service in Vietnam.  Therefore, he is entitled to a bronze service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show this service star.

5.  His unit in Vietnam was awarded the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

6.  He served honorably from 19 June 1969 through 3 May 1971.  He served in Vietnam, attained the rank/grade of SGT/E-5, and received "excellent" efficiency and conduct ratings throughout his military service.  His records contain no derogatory information that would have disqualified him from receiving the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal and correct his DD Form 214 to show this medal.

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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 19 June 1969 through
3 May 1971
* awarding him the Combat Infantryman Badge effective 18 July 1970
* deleting from his DD Form 214 the Vietnam Service Medal and adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Purple Heart
* Combat Infantryman Badge
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* 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)                                         AR20140020084





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ABCMR Record of Proceedings (cont)                                         AR20140020084



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