IN THE CASE OF:	  

		BOARD DATE:	        19 August 2008

		DOCKET NUMBER:  AR20080006763 


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 that his already-awarded Purple Heart (2nd Award) and Combat Infantryman Badge (CIB) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states that these awards were not added to his DD Form 214.

3.  The applicant provides copies of Purple Heart orders; a copy of his CIB order; a copy of his DA Form 20 (Enlisted Qualification Record); and a copy of his promotion order to specialist four/E-4.

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.  On 28 October 1966, the applicant was inducted into the Army of the United States.  He was trained in, awarded, and served in military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He attained the grade of sergeant/
E-5.  On 25 October 1968, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  On 27 October 1972, he was honorably discharged from the USAR upon completion of his statutory military obligation.

3.  The applicant served in the Republic of Vietnam (RVN) from 19 April 1967 through 13 April 1968.  He performed duties as a rifleman with Company C, 2nd Battalion, 27th Infantry Regiment, 25th Infantry Division.  

4.  General Orders Number 2678, Headquarters (HQ), 25th Infantry Division, dated 29 June 1967, awarded the applicant the Purple Heart for wounds received in connection with military operations against a hostile force on 25 May 1967.  This award is shown on the applicant's DD Form 214.

5.  Special Orders Number 217, HQ, 25th Infantry Division, dated 5 August 1967, awarded the applicant the CIB.  This badge is not shown on the applicant's DD Form 214.

6.  General Orders Number 4373, HQ, 25th Infantry Division, dated 9 November 1967, awarded the applicant the Purple Heart (2nd Award) for wounds received in connection with military operations against a hostile force on 15 September 1967.  This award is not shown on the applicant's DD Form 214.

7.  Review of the applicant's record indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

8.  The applicant's records show that he received ratings of excellent in conduct and efficiency.  There is no evidence the applicant was disqualified for award of the Army Good Conduct Medal (AGCM).

9.  Army Regulation 672-5-1, in effect at the time, provides that the AGCM 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.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 48, dated 1971; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 51, dated 1971.

11.  The applicant's records show he was awarded the Vietnam Service Medal.  However, his DD Form 214 does not show any bronze service stars indicating campaign credit.  His records indicate he participated in 3 campaigns: the Vietnam Counteroffensive Phase III, the TET Counteroffensive, and the Vietnam Counteroffensive Phase IV campaigns.

12.  Appendix B of Army Regulation 600-8-22 lists all approved Army campaigns, including campaigns of the Vietnam War.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Purple Heart (2nd Award) by official orders.  Therefore, he is entitled to have his record corrected to show these awards.

2.  The applicant was awarded the CIB by official orders.  Therefore, he is entitled to have his record corrected to show this award.

3.  The applicant completed a qualifying period of service for the first award of the AGCM.  There is no evidence in the available records which show the applicant was disqualified for this award.  Therefore, the applicant is entitled to award of the AGCM for the period 28 October 1966 through 25 October 1968 and to correction of his records to show the award of the AGCM (First Award).

4.  General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his DD Form 214. Therefore, he is entitled to have his records corrected to show this foreign unit award.

5.  General Orders awarded the applicant's unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which is not shown on his DD Form 214. Therefore, he is entitled to have his records corrected to show this foreign unit award.

6.  Evidence of record shows that the applicant participated in 3 campaigns during his service in the RVN.  Therefore, he is eligible for award of 3 bronze service stars to be affixed on his already-awarded Vietnam Service Medal. 

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.  deleting the Purple Heart from the applicant's DD Form 214 and adding the Purple Heart (2nd Award);  

	b.  adding the already-awarded CIB to his DD Form 214;

	c.  awarding the AGCM (First Award) for the qualifying period of 28 October 1966 through 25 October 1968 and correcting the record to show this award;

	d.  authorizing the Republic of Vietnam Gallantry Cross with Palm Unit Citation and correcting the record to show this award; 

	e.  authorizing the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and correcting the record to show this award; and




	f.  deleting the Vietnam Service Medal from his DD Form 214 and adding the Vietnam Service Medal with 3 bronze service stars.


															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)                                         AR20080006763



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ABCMR Record of Proceedings (cont)                                         AR20080006763



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