IN THE CASE OF: BOARD DATE: 30 APRIL 2009 DOCKET NUMBER: AR20080019699 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 that he was released from active duty prior to placing the award in his file. 3. The applicant provides a copy of his DD Form 214, dated 26 March 1970; and a copy of General Orders Number 3988, issued by Headquarters, 4th Infantry Division on 12 July 1969 awarding him the Purple Heart. 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 27 March 1968. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11C (Indirect Fire Crewman). He was honorably released from active duty on 26 March 1970 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. The highest rank/grade he attained while on active duty was specialist four (SP4)/E-4. 3. The applicant's records show that he served in the Republic of Vietnam from on or about 2 September 1968 to on or about 25 August 1969 with Company E, 2nd Battalion, 35th Infantry Regiment, 4th Infantry Division. 4. Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal with three bronze service stars, Republic of Vietnam Campaign Medal, Combat Infantryman Badge, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). Item 24 does not show award of the Purple Heart. 5. Headquarters, 4th Infantry Division, General Orders Number 3988, dated 12 July 1969, show the applicant was awarded the Purple Heart for wounds received in action in the Republic of Vietnam on 27 June 1969. 6. Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214. 7. Headquarters, U.S. Army Training Center, Armor, Fort Knox, KY, Special Orders Number 138, dated 17 May 1968, show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during the time of the applicant's assignment to 2nd Battalion, 35th Infantry, it was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period 1 August 1967 to 28 July 1969, based on Department of the Army General Orders (DAGO) 28, dated 1970; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period 1 August 1967 to 31 October 1969, based on DAGO 53, dated 1970. 9. Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam. During the applicant’s tour in Vietnam he participated in four campaigns: Vietnam Counteroffensive, Phase V (1 July 1968 – 1 November 1968; Vietnam Counteroffensive, Phase VI (2 November 1968 – 22 February 1969); Tet 69, Counteroffensive, 1969 (23 February 1969 – 8 June 1969); and Vietnam Summer-Fall 1969 (9 June 1969 – 31 October 1969). This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. 10. A review of the applicant's service record shows no derogatory information or commander's disqualification that would disqualify him for the first award of the Army Good Conduct Medal. Furthermore, Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service. His records do not contain any derogatory information or commander's disqualification. 11. Army Regulation 672-5-1 (Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends 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. Ratings of "Unknown" for portions of the period under consideration are not disqualifying. Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that he is entitled to correction of his DD Form 214 to show award of the Purple Heart. 2. General orders awarded the applicant the Purple Heart for wounds received in action in the Republic of Vietnam on 27 June 1969 which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award. 3. General orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his records; therefore, he is entitled to correction of his records to show these unit awards. 4. Special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this badge. 5. The evidence of record confirms that the applicant served honorably during the period 27 March 1968 through 26 March 1970. He received all "excellent" conduct and efficiency ratings throughout his military service, attained the rank/grade of SP4/E-4. Lacking any derogatory information or commander's disqualification on file that would have disqualified him, it is also appropriate to award the applicant the first award of the Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service. Therefore, he is entitled to correction of his records to show this award. 6. Records also show the applicant was awarded the Vietnam Service Medal. Additionally, records show the applicant participated in four campaigns while serving in the Republic of Vietnam. Therefore, he is entitled to award of four bronze service stars to be affixed to the previously-awarded Vietnam Service Medal. BOARD VOTE: ________ ________ ________ 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. deleting from item 24 of the applicant's DD Form 214 the entry "Vietnam Service Medal with three bronze service stars"; b. awarding the applicant the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 27 March 1968 through 26 March 1970; and c. adding to item 24 of his DD Form 214 the Purple Heart, Army Good Conduct Medal (1st Award), Vietnam Service Medal with four bronze service stars, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. _____________________ 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) AR20080019699 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080019699 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1