IN THE CASE OF:	  

	BOARD DATE:	  17 July 2008

	DOCKET NUMBER:  AR20080007655 


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. 

2.  The applicant states, in effect, that he was wounded in the Republic of Vietnam, but due to personnel turnover at the time, he was not awarded the Purple Heart until recently.   

3.  The applicant provided a copy of Permanent Orders 016-11, dated 16 January 2008, awarding him the Purple Heart, 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 15 April 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 his military service was sergeant (SGT)/E-5.  He was honorably separated and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 6 April 1968.  

3.  The applicant’s records show he served in the Republic of Vietnam from 11 April 1967 to 5 April 1968.  He was assigned to Company A, 5th Battalion, 7th Cavalry, 1st Cavalry Division. 

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, one Overseas Service Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Item 24 does not show award of the Purple Heart.

5.  U.S. Army Human Resources Command, Alexandria, Virginia, Permanent Order 016-11, dated 16 January 2008, shows the applicant was awarded the Purple Heart for wounds received as a result of hostile action in the Republic of Vietnam on 3 January 1968.

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

7.  Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 6189, dated 11 October 1970, show the applicant was awarded the Air Medal, for meritorious achievement while participating in aerial flight in the Republic of Vietnam, from April 1967 to September 1967.  

8.  Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 2431, dated 20 April 1968, show the applicant was awarded the Army Commendation Medal, for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam, from April 1967 to April 1968.  

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 5th Battalion, 7th Cavalry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 59, dated 1969.

10.  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.

11.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that the applicant participated in the Vietnam Counteroffensive, Phases II, 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.

12.  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 Assignment) of his DA Form 20 (Enlisted Qualification Record) shows he received an “Excellent” conduct and efficiency ratings during his military service. 

13.  Army Regulation 672-5-1, 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.

14.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time, governs the requirements for the Overseas Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one Overseas Service Bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the Overseas Service Bar.




DISCUSSION AND CONCLUSIONS:

1.  Permanent Orders awarded the applicant the Purple Heart for wounds received as a result of hostile action in the Republic of Vietnam on 3 January 1968; therefore, he is entitled to correction of his records to show this award.

2.  General Orders show the applicant was awarded the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam, and the Army Commendation Medal, for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam, which are not shown on his records; therefore, he is entitled to correction of his records to show these awards.

3.  General Orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his records; therefore, he is entitled to correction of his records to show this unit award.

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

5.  The evidence of record shows that the applicant served a qualifying period in the Republic of Vietnam for award of two Overseas Service Bars; therefore, he is entitled to correction of his records to show these awards.

6.  The evidence of record confirms that the applicant served honorably during the period 15 April 1965 to 6 April 1968.  He attained the rank of SGT/E-5 and received an “Excellent” efficiency and conduct ratings throughout his military service.  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 15 April 1965 to 6 April 1968; and

  b.  showing award of the Purple Heart, the Air Medal, the Army Commendation Medal, the Good Conduct Medal (1st Award), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, two Overseas Service Bars, and four 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)                                         AR20080007655





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ABCMR Record of Proceedings (cont)                                         AR20080007655



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