IN THE CASE OF:	

	BOARD DATE:	  May 1, 2008

	DOCKET NUMBER:  AR20070018685 


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) with the period ending 
21 November 1969 to show award of the Purple Heart.  

2.  The applicant states, in effect, that the above award is not reflected on his DD Form 214.

3.  The applicant provides a Purple Heart certificate, dated 19 April 1969.
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 on 6 March 1968 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 11B (Infantryman).
3.  The applicant arrived in Vietnam and was assigned to D Company, 1st Battalion, 502nd Infantry, 101st Airborne Division on or about 11 December 1968.  

4.  Headquarters, 101st Airborne Division General Orders Number 3389, dated 13 April 1969, shows he was awarded the Purple Heart for wounds received in action on 31 March 1969.

5.  The applicant departed Vietnam on or about 20 November 1969 after being credited with participating in four campaigns.  On 5 June 1970, he was honorably released from active duty in the rank of Specialist Four (SPC)/E-4 after completing 1 year, 8 months, and 16 days of creditable active service with no time lost.

6.  The applicant's DD Form 214, with the period ending 21 November 1969, shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Army Commendation Medal, the Combat Infantryman Badge, and the Bronze Star Medal.

7.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  His records do not contain any adverse information and his DA Form 20 (Enlisted Qualification Record) shows his conduct and efficiency ratings as "excellent" throughout his period of service.

8.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that 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 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.  At the time, a Soldier's conduct and efficiency ratings must 
have been rated as "excellent" for the entire period of qualifying service.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that, at the time of the applicant’s assignment to the 1st Battalion, 502nd Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 
15 August 1968 through 14 May 1969 based on Headquarters, Department of the Army General Orders Number 43, dated 1970.

10.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 1st Battalion, 502nd Infantry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 through 2 May 1970 based on Headquarters, Department of the Army General Orders Number 48, dated 1971.

11.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 1st Battalion, 502nd Infantry, it was cited for award of the Valorous Unit Award for the period 12 March 1969 through 8 May 
1969 based on Headquarters, Department of the Army General Orders Number 2, dated 1971.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant was awarded the Purple Heart for wounds received in action on 31 March 1969.  His DD Form 214 should be amended to add this award.

2.  The applicant was separated in the rank of Specialist Four with 1 year, 
8 months, and 16 days of creditable active service with no time lost and conduct and efficiency ratings of “excellent” for the entire period of service.  Therefore, it appears the applicant met the eligibility criteria for award of the Army Good Conduct Medal (1st Award) for the period 6 March 1968 through 21 November 1969 based on completion of a period of qualifying service.

3.  The applicant was assigned to a unit during a period of time it was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Valorous Unit Award.  His participation in four campaigns makes him eligible to wear four bronze service stars to be worn on his Vietnam Service Medal.  His DD Form 214 should be amended to add these awards.

BOARD VOTE:

__XX ___  __XX ___  ___XX __  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 the applicant the Army Good Conduct Medal 
(1st Award) for the period 6 March 1968 through 21 November 1969; and

	b.  amending his DD Form 214 to add the Purple Heart, the Army Good Conduct Medal (1st Award), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Valorous Unit Award, and four bronze service stars to be worn on his already-awarded Vietnam Service Medal.




      _   __XX   __   ___
       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)                                         AR20070018685





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ABCMR Record of Proceedings (cont)                                         AR20070018685



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