IN THE CASE OF:	  

	BOARD DATE:	  29 May 2008

	DOCKET NUMBER:  AR20080004982 


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 records to show award of the Purple Heart, the Air Medal, the Bronze Star Medal with "V" Device, the Army Commendation Medal with "V" Device, and the Army Commendation Medal (1st Oak Leaf Cluster). 

2.  The applicant states that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show the requested awards.

3.  The applicant provides a copy of his DD Form 214, dated 27 May 1968, and copies of general Orders awarding him the above awards in support of his application.

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 that he enlisted in the Regular Army for a period of 3 years on 29 July 1965.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The highest rank/grade he attained during this period of military service was sergeant (SGT)/E-5.  He was honorably separated and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 27 May 1968. 

3.  The applicant’s records show he served in the Republic of Vietnam during the period 1 June 1967 to 27 May 1968.  He was assigned to Company A, 2nd Battalion, 503rd Infantry, 173rd Airborne Brigade. 

4.  Item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Parachutist Badge, the Bronze Star Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and two Overseas Service Bars.

5.  Item 24 does not show award of the Purple Heart, the Air Medal, the Bronze Star Medal with "V" Device, the Army Commendation Medal with "V" Device, or the Army Commendation Medal (1st Oak Leaf Cluster). 

6.  Headquarters, 93rd Evacuation Hospital, General Orders Number 281, dated 23 November 1967, show the applicant was awarded the Purple Heart, for wounds received in connection with military operations against a hostile force in the Republic of Vietnam on 20 November 1967.

7.  Headquarters, 173rd Airborne Brigade, General Orders Number 1438, dated 22 May 1968, show the applicant was awarded the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam, from 1 June 1967 to 15 April 1968.

8.  Headquarters, 173rd Airborne Brigade, General Orders Number 415, dated 6 February 1968, show the applicant was awarded the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 19 November 1967.

9.  Headquarters, 173rd Airborne Brigade, General Orders Number 76, dated 8 January 1967, show the applicant was awarded the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 12 November 1967.

10.  Headquarters, 173rd Airborne Brigade, General Orders Number 1005, dated 16 April 1968, show the applicant was awarded the Army Commendation Medal for meritorious service in the Republic of Vietnam from May 1967 to May 1968.

11.  Review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.

12.  Headquarters, 173rd Airborne Brigade, Special Orders Number 51, dated 20 February 1968, show the applicant was awarded the Combat Infantryman Badge.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the 2nd Battalion, 503rd Infantry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, from 5 May 1965 to 26 September 1970, based on Department of the Army General Orders Number 51, dated 1971; and the Presidential Unit Citation, from 6 November 1967 to 23 November 1967, based on Department of the Army General Orders Number 5, dated 1979.

14.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.

15.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that the applicant participated in the Vietnam Counteroffensive, Phases III and IV, and the TET Counteroffensive campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

16.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Good Conduct Medal.  Furthermore, Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows his conduct and efficiency ratings were "Excellent" throughout his period of service. 

17.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the 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.  General Orders show the applicant was awarded the Purple Heart, the Air Medal, the Bronze Star Medal with "V" Device, the Army Commendation Medal with "V" Device, and the Army Commendation Medal (1st Oak Leaf Cluster), which are not shown on his records; therefore, he is entitled to correction of his records to show these awards.

2.  Special Orders show that the applicant was awarded the Combat Infantryman Badge which is not shown on his records; therefore, he is entitled to correction of his records to show this award. 

3.  General Orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Presidential Unit Citation which are not shown on his records; therefore, he is entitled to have his records corrected to show these unit awards.

4.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in three campaigns while serving in the Republic of Vietnam; therefore, he is entitled to award of three bronze service stars to be affixed to the Vietnam Service Medal.

5.  The evidence of record confirms that the applicant served honorably during the period 29 July 1965 to 27 May 1968.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the 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.

BOARD VOTE:

__xxx___  __xxx___  __xxx___  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 Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 29 July 1965 to 27 May 1968; and

	b.  showing award of the Purple Heart, the Air Medal, the Bronze Star Medal with "V" Device (1st Oak Leaf Cluster), the Army Commendation Medal with "V" Device (1st Oak Leaf Cluster), the Combat Infantryman Badge, the Good Conduct Medal (1st Award), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Presidential Unit Citation, and three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.




							XXX
       _    _______   ___
       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)                                         AR20080004982



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ABCMR Record of Proceedings (cont)                                         AR20080004982



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