IN THE CASE OF:	  

		BOARD DATE:	  6 October 2015

		DOCKET NUMBER:  AR20150000771 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all awards to which he is entitled.

2.  The applicant states:

	a.  his DD Form 214 is incomplete as he was awarded medals after his separation from active duty; and

	b.  his house burned down in 1972 and his original awards were lost but reissued in 1992.

3.  The applicant provides:

* DD Form 214
* Honorable Discharge Certificate
* two Bronze Star Medal (BSM) Certificates
* Purple (PH) Certificate
* DA Form 1577 (Authorization for Issuance of Awards)


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 1 October 1968.  He was trained in and awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 12 March 1969 to 11 March 1970 and was assigned to Company A, 2nd Battalion, 1st Infantry Regiment, 196th Infantry Brigade.

4.  Item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings at each of his active duty assignments. His official military personnel file (OMPF) is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM).

5.  Item 40 (Wounds) of his DA Form 20 shows he twice sustained fragment wounds to his abdomen on 3 February 1970 and to his right knee on 10 February 1970.  Item 29 (Qualification in Arms) shows he qualified “expert” with the M-16 rifle and "sharpshooter" with the hand grenade, M-14 rifle, and M60 machine gun.

6.  Headquarters, Americal Division published general orders (GO) on the dates indicated announcing the applicant's award of the following:

* GO #1663 dated 19 February 1970, the PH for wounds incurred on 10 February 1970 
* GO #1683 dated 20 February 1970, the BSM for the period from March 1969 through March 1970
* GO #1700 dated 21 February 1970, the BSM with "V" Device for heroic actions on 1 January 1970

7.  On 13 July 1970, the applicant was honorably released from active duty after completing 1 year, 9 months, and 13 days of active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the following awards:

* National Defense Service Medal
* Vietnam Service Medal (VSM) with one bronze service star
* RVN Campaign Medal with Device (1960)
* Combat Infantryman Badge
* "Expert (Rifle)"

8.  A review of the Vietnam casualty roster shows the applicant's name is twice listed as a casualty on 3 and 10 February 1970 under casualty status code "24."  This casualty code refers to "hostile wounded in action, not serious, hospitalized."

9.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 2-8 contains the regulatory guidance pertaining to award of the PH.  It states that in order to support award of the PH there must be evidence the wound was received as a result of enemy action, the wound required treatment by military medical personnel, and a record of this medical treatment must have been made a matter of official record.

10.  Paragraph 2-13 contains guidance on the VSM and states that a bronze service star is authorized with this award for participation in each Vietnam campaign a member is credited with.  Appendix B shows that during his service in Vietnam participation credit was awarded for the following three campaigns:

* Tet 69 Counteroffensive
* Vietnam Summer-Fall 1970
* Vietnam Winter-Spring 1970

11.  Army Regulation 672-5-1 (Awards) 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.


12.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  During the applicant's tenure of assignment in Vietnam, his unit (1st Infantry Regiment) was awarded the Valorous Unit Award by Department of the Army General Orders (DAGO) Number 43, dated 1972 and the RVN Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his record should reflect all awards to which he is entitled.

2.  The applicant's OMPF contains official orders showing he was awarded the BSM (2nd Award) with “V” Device and one PH for wounds he received in action on 10 February 1970.  His DA Form 20 lists this wounding and also shows he was first wounded in action on the 3 February 1970.  Further, both of these wounds are annotated on the Vietnam casualty roster.  As a result, he is entitled to a second PH for his wounding on 3 February 1970 and it would be appropriate to add each of these awards to his DD Form 214.

3.  The evidence of record confirms the applicant received “excellent” conduct and efficiency ratings at each of his active duty assignments as evidenced by his DA Form 20.  In addition, his OMPF is void of any derogatory information or a unit commander’s disqualification statement that would have precluded him from receiving the AGCM.  As a result, it would be appropriate to award him the AGCM for his qualifying period of honorable active duty service from 1 October 1968 to 13 July 1970 and to add this award to his record.

4.  The evidence of record confirms the applicant qualified "expert" with the M-16 rifle, and "sharpshooter" with the M-14 rifle, M-60 Machine gun, and the hand grenade.  His "sharpshooter" weapons qualification badges are not annotated on his DD Form 214.  

5.  Finally, based on his service and campaign participation in the RVN, he is authorized three bronze service stars for wear with his already-awarded VSM, the Valorous Unit Award, and the RVN Gallantry Cross with Palm Unit Citation none of which are currently listed on his DD Form 214.  


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 Purple Heart (2nd Award) based on the fragment wounds he sustained on 3 February 1970;
   
   b.  awarding him the AGCM for his qualifying period of honorable service from 1 October 1968 to 13 July 1970;

	c.  amending item 24 of his DD Form 214 by deleting the VSM with bronze service star and adding:

* BSM (2nd Award) with “V” Device 
* PH (2nd Award) 
* Vietnam Service Medal with three bronze service stars
* AGCM (1st Award) 
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with M-14 Rifle, M-60 Machine Gun, and Hand Grenade Bars



      ___________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)                                         AR20150000771



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20150000771



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1