IN THE CASE OF:	  

		BOARD DATE:	        19 August 2008

		DOCKET NUMBER:  AR20080007530 


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 Combat Infantryman Badge, and any other awards to which he is entitled.

2.  The applicant states, in effect, that he earned the two medals as a combat Soldier in Vietnam.

3.  The applicant provides no additional documentation in support of this case.

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 15 November 1967 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  

3.  The applicant arrived in Vietnam and was assigned to B Company, 1st Battalion, 28th Infantry, 1st Infantry Division on or about 6 November 1968.

4.  Headquarters, 1st Infantry Division Special Orders Number 352, dated 
17 December 1968, show that the applicant was awarded the Combat Infantryman Badge.

5.  Headquarters, 1st Infantry Division General Orders Number 3527, dated 
6 May 1969, show that the applicant received the Purple Heart for wounds received in connection with military operations against a hostile force on 12 April 1969.

6.  The applicant departed Vietnam on or about 22 October 1969 after being credited with participating in four campaigns.

7.  On 25 October 1969, the applicant was honorably released from active duty in the rank of Sergeant/E-5 after completing 1 year, 11 months, and 11 days of creditable active service with no time lost.

8.  The applicant's DD Form 214 with the ending period of 29 October 1969 shows he was awarded the National Defense Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Vietnam Service Medal.

9.  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 shows his conduct and efficiency ratings as "excellent" throughout his period of service.  

10.  Army Regulation 672-5-1 (Military Awards), 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.


11.  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 that, at the time of the applicant’s assignment to the 1st Battalion, 28th Infantry, it was cited for award of the Republic of Vietnam Civil Actions First Class Honor Medal Unit Citation for the period October 1965 through 7 April 1970 based on Headquarters, Department of the Army General Orders Number 53, dated 1970.

12.  Department of the Army General Orders Number 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U. S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U. S. Army Vietnam and its subordinate units during the period 20 July 1965 to 
28 March 1973.

13.  Army Regulation 600-8-22 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 and the Combat Infantryman Badge.  His DD Form 214 should be amended to add these awards.

2.  The applicant was separated in the rank of Sergeant with 1 year, 11 months, and 11 days of creditable active service with no time lost and conduct and efficiency ratings of "excellent" throughout his 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 15 November 1967 through 25 October 1969.

3.  All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His DD Form 214 should be amended to add this award.

4.  The applicant was assigned to a unit during a period of time this unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  His participation in four campaigns makes him eligible to wear four bronze service stars to be worn on his already-awarded 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 15 November 1967 through 25 October 1969; and 

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



      _________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)                                         AR20080007530



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ABCMR Record of Proceedings (cont)                                         AR20080007530



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