IN THE CASE OF:	  

		BOARD DATE:	  16 October 2008

		DOCKET NUMBER:  AR20080005053 


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 that he was awarded the Purple Heart and the Bronze Star Medal.

2.  The applicant states, in effect, that his DD Form 214 does not show the Purple Heart or the Bronze Star Medal and they were omitted at the time of his discharge.

3.  The applicant provides a copy of his DD Form 214; a copy of an award certificate and orders awarding him the Purple Heart; and a copy of an award certificate and citation awarding him the Bronze Star Medal in support of his request.

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 record shows he was inducted on 18 May 1967.  He was trained as a Light Weapons Infantryman, in military occupational specialty (MOS), 11B.  He was promoted to specialist four (SP4/E-4) effective 21 February 1968.  

3.  The applicant served in Vietnam from 13 December 1967 to 8 December 1968.  He served until he was honorably released from active duty on 16 May 1969. 

4.  The applicant’s DD Form 214 shows he was awarded the Parachutist Badge; the Vietnam Service Medal; the Combat Infantryman Badge; the National Defense Service Medal; the Republic of Vietnam Campaign Medal; and the Army Commendation Medal.  His DD Form 214 does not show any additional awards.

5.  The applicant's DA Form 20 (Enlisted Qualification Record) shows the entry "Frag Wnds Both/Legs & Hips 28Mar68 (fragmentation wounds)," in item 40 (Wounds).  The Purple Heart is not shown as an authorized award in item 41 (Awards and Decorations). 

6.  The applicant provided an award certificate and Headquarters, 101st Airborne Division General Orders Number 432, dated 19 April 1968, which shows that he was awarded the Purple Heart, for wounds he received in action on 27 March 1968, while serving in Vietnam. 

7.  The applicant provided an award certificate and citation which shows that he was awarded the Bronze Star Medal, for meritorious achievement in ground operations against hostile forces during the period 1 April 1968 to 30 November 1968, while serving in Vietnam.

8.  The applicant's records contains a copy of DA Form 2496, Disposition Form (DF), Subject:  Transmittal of Award, dated 26 March 1969, from the Commanding General, 82nd Airborne Division, Fort Bragg, North Carolina, to the Commanding Officer, 4th Battalion, 325th Infantry, Fort Bragg.  The DF indicates that the award certificate and citation were forwarded for presentation.  Orders for this award were not sent with this transmittal.  Paragraph 2 of the DF states, "Documents pertaining to this award which were not attached were not received at this headquarters."  


9.  Item 38 (Record of Assignments), of the applicant's DA Form 20, shows the entry "EXC" (Excellent) for his conduct and efficiency.  There is no evidence of derogatory information contained in the available records.  There is no evidence the applicant was subjected to non-judicial punishment or courts-martial and that his commanders took action to deny him award of the Army Good Conduct Medal.

10.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying 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.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

11.  The applicant’s DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the five bronze service stars to which he is entitled for his campaign participation.  Army Regulation 600-8-22 provides that a bronze service star is authorized for the Vietnam Service Medal for participation in each campaign.  A silver service star is authorized in lieu of five bronze service stars.

12.  Department of the Army Pamphlet 672-3 shows that the applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, by Department of the Army General Orders (DAGO) Number 21, 1969; the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, by DAGO Number 48, dated 1971; and the Meritorious Unit Commendation by DAGO Number 22, dated 1976, while he was assigned to the unit.  These unit awards are not shown on the applicant's DD Form 214. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was wounded in Vietnam on 27 March 1968 as a result of hostile action.  He was awarded the Purple Heart as evidenced by his award certificate and General Orders Number 432, dated 19 April 1968.  He is therefore entitled to correction of his records to show the award of the Purple Heart.

2.  The evidence of record shows the applicant was awarded the Bronze Star Medal; however, it was omitted from his DD Form 214.  The applicant is therefore entitled to correction of his DD Form 214 to show the already-awarded Bronze Star Medal.

3.  The applicant was not awarded the Good Conduct Medal, it appears, more as a result of administrative oversight rather than something that the applicant did to disqualify himself for this award.  He is therefore eligible for award of the Good Conduct Medal for the period 18 May 1967 to 16 May 1969.

4.  The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal.  While in Vietnam, he participated in five campaigns and he is therefore, entitled to award of one silver service star to be affixed to his already-awarded Vietnam Service Medal.

5.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation; the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and the Meritorious Unit Commendation, at the time he was a member of the unit.  He is, therefore entitled to correction of his records 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:

	a.  by adding the already-awarded Purple Heart to his DD Form 214;

	b.  by adding the already-awarded Bronze Star Medal to his DD Form 214; and






   c.  awarding the applicant the Good Conduct Medal for the period 18 May 1967 to 16 May 1969; the Vietnam Service Medal, with one silver service star; the Republic of Vietnam Gallantry Cross with Palm Unit Citation; the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and the Meritorious Unit Commendation, and adding these awards to his DD Form 214.




      _______ _   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)                                         AR20080005053



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ABCMR Record of Proceedings (cont)                                         AR20080005053



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