BOARD DATE: 29 May 2014 DOCKET NUMBER: AR20130017483 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 Bronze Star Medal, Purple Heart, Combat Infantryman Badge, and the Army Commendation Medal with "V" Device. 2. The applicant states he earned the Purple Heart for wounds received in combat on 14 August 1970 in Vietnam. He is providing documents that show entitlement to the awards listed above. 3. The applicant provides two orders and page 4 of 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 3 March 1969 and he held military occupational specialty 11B (Light Weapons Infantryman). 3. He served in Vietnam from 10 January to 10 November 1970 while assigned to the 2nd Battalion, 22nd Infantry, 25th Infantry Division (ID). 4. His record contains the following general or special orders (GO/SO) issued by Headquarters (HQ), 25th ID: * SO Number 87, dated 28 March 1970, awarding him the Combat Infantryman Badge effective 4 February 1970 * GO Number 8099, dated 25 July 1970, awarding him the Army Commendation Medal for the period 1 May to 30 June 1970 * GO Number 8851, dated 15 August 1970, awarding him the Army Commendation Medal with "V" Device for heroism in action on 14 August 1970 * GO Number 10425, dated 23 October 1970, awarding him the Bronze Star Medal for the period January to December 1970 * GO Number 10440, dated 23 October 1970, awarding him the Army Commendation Medal with first oak leaf cluster (or 2nd Award) for the period 19 August to 19 October 1970 5. His record is void of orders for award of the Purple Heart. His record contains a Western Union Telegram, dated 17 August 1970, wherein his parents were notified that he was wounded in action on 14 August 1970. 6. He was honorably released from active duty on 11 November 1970 in the rank of sergeant (SGT) and he was transferred to the U.S. Army Reserve. He completed 1 year, 8 months, and 9 days of creditable active service with no lost time. 7. The DD Form 214 he was issued shows the: * National Defense Service Medal * Army Commendation Medal * Vietnam Service Medal * Vietnam Campaign Medal 8. His DA Form 20 shows the following entries: * item 38 (Record of Assignments) that he received all "excellent" conduct and efficiency ratings throughout his service * item 40 (wounds) that he received a fragment wound to his right thigh and left calf on 14 August 1970 * item 41 (Awards and Decorations) shows he was awarded the Expert Marksmanship Qualification Badge with Hand Grenade Bar, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) 9. His records are 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). 10. 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. 11. 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 three campaigns. 12. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the 2nd Battalion, 22nd Infantry was cited for award of the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 through 1 September 1970 by DAGO Number 5, dated 1973 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 though 21 January 1970 by DAGO Number 51, dated 1971 DISCUSSION AND CONCLUSIONS: 1. The evidence of record confirms the applicant was wounded in action in Vietnam on 14 August 1970. Therefore, he is entitled to award of the Purple Heart and correction of his DD Form 214 to show this award. 2. Orders awarded him the Combat Infantryman Badge, Bronze Star Medal, Army Commendation Medal with "V" Device, and two additional awards of the Army Commendation Medal, while his DD Form 214 only shows the Army Commendation Medal (1st Award). Therefore, he is entitled to correction of his DD Form 214 accordingly. 3. The evidence of record confirms he served honorably from 3 March 1969 through 11 November 1970. He served with distinction in Vietnam and he received all "excellent" conduct and efficiency ratings throughout his service. 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. 4. His record confirms he was awarded the Expert Marksmanship Qualification Badge with Hand Grenade Bar, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) which are not shown on his DD Form 214. Therefore, it would be appropriate to correct his DD Form 214 to show these badges. 5. His record confirms that during his service in Vietnam he participated in three campaigns. Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly. 6. His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment. Therefore, his DD Form 214 should be corrected to show these unit awards. 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 Purple Heart for wounds received in action in Vietnam on 14 August 1970 * awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 3 March 1969 through 11 November 1970 * deleting from his DD Form 214 the Vietnam Service Medal and the Army Commendation Medal * adding to his DD Form 214 the: * Purple Heart * Bronze Star Medal * Army Commendation Medal (3rd Award) and with "V" Device * Army Good Conduct Medal (1st Award) * Combat Infantryman Badge * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Expert Marksmanship Qualification Badge with Hand Grenade Bar * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Rifle Bar M-16) _______ _ 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) AR20130017483 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130017483 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1