IN THE CASE OF:	  

	BOARD DATE:	  8 July 2008

	DOCKET NUMBER:  AR20080007320 


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 (Report of Transfer or Discharge) to show award of the Purple Heart.

2.  The applicant states that his Army records should show that he has a Purple Heart.

3.  The applicant provides an award certificate for the Army Commendation Medal and the Purple Heart; and a copy of his DD Form 214. 

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 on 19 July 1965.  He arrived in Vietnam on 
22 September 1966.  He served as a mechanic’s helper assigned to Company A, 4th Supply and Transport Battalion of the 4th Infantry Division in Vietnam from 
22 September 1966 through 22 January 1967.  He was assigned to Company B, 704th Maintenance Battalion of the 4th Infantry Division in Vietnam from 
23 January 1967 through 11 July 1967.  On 13 July 1967, the applicant was released from active duty in the temporary rank of specialist four after completing 1 year, 11 months, and 25 days of creditable active service with no time lost.

3.  The applicant’s DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and one award of the Overseas Service Bar as authorized awards.

4.  Headquarters, 4th Infantry Division General Orders Number 15, dated 
25 January 1967, show the applicant received the Purple Heart for wounds received in action on 11 January 1967 in Vietnam.

5.  Headquarters, 25th Infantry Division General Orders Number 2608, dated 
28 June 1967, show the applicant received the Army Commendation Medal with “V” Device for heroism on 22 April 1967 in Vietnam.

6.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records show he received conduct and efficiency ratings of “excellent” throughout his service.

7.  Records show the applicant participated in two campaigns during his assignment in Vietnam.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the applicant's unit (4th Supply and Transport Battalion) is eligible for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (October 1966 to 28 July 1969) based on Department of the Army General Orders Number 3, dated 1970; and his unit (Company B, 704th Maintenance Battalion) is eligible for a second award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (September 1966 to 1 August 1967) based on Department of the Army General Orders Number 48, dated 1971. 

9.  Paragraph 6 (Miscellaneous Information) of Department of the Army Pamphlet 672-3 states that only one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn; however, records should show entitlement to all authorized awards of this foreign unit award. 
10.  Department of the Army Pamphlet 672-3 also shows the applicant's unit
(4th Supply and Transport Battalion) is eligible for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 53, dated 1970.  

11.  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 except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made positive recommendation for its award and until the awarding authority announced the award in General Orders.

12.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes 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.  Orders show the applicant received the Purple Heart and the Army Commendation Medal with “V” Device.

2.  The applicant was separated in the temporary rank of specialist four with almost 2 years of creditable active service with no time lost.  It appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 19 July 1965 through 13 July 1967 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, his records should be corrected to show this award.

3.  The applicant participated in two campaigns during his assignment in Vietnam which makes him eligible for award of the Vietnam Service Medal with two bronze service stars.

4.  The applicant's units were each awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and so he is eligible to wear one of those awards.  However, his DD Form 214 should be amended to show two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
5.  The applicant's unit (4th Supply and Transport Battalion) is eligible for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  

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 him the first award of the Good Conduct Medal for the period 19 July 1965 through 13 July 1967; and

	b.  adding the Purple Heart, the Army Commendation Medal with “V” Device, the Good Conduct Medal, two awards of the Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two bronze service stars for wear on his already-awarded Vietnam Service Medal to his DD Form 214.



      _________xxxx__________
      	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)                                         AR20080007320



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ABCMR Record of Proceedings (cont)                                         AR20080007320



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