IN THE CASE OF:	  

		BOARD DATE:	       6 January 2009

		DOCKET NUMBER:  AR20080008382 


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 Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Bronze Star Medal with Oak Leaf Cluster and "V" Device and the Purple Heart.  

2.  The applicant states that his DD Form 214 does not show these awards. 

3.  The applicant provides copies of his DD Form 214, certificate and orders for award of the two Bronze Star Medals, and a certificate for award of the Purple Heart.

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 13 March 1967, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty 13B (Field Artillery Crewman).

3.  On 6 August 1967, the applicant was assigned for duty as a cannoneer with B Battery, 7th Field Artillery Battalion, 11th Artillery Regiment, 25th Infantry Division, in the Republic of Vietnam.

4.  On 1 April 1968, the applicant was promoted to sergeant, pay grade E-5.

5.  General Orders Number 3230, Headquarters, 25th Infantry Division, dated   27 April 1968, awarded the applicant the Purple Heart for wounds received in connection with military operations against a hostile force on 23 April 1968.

6.  General Orders Number 4965, Headquarters, 25th Infantry Division, dated     8 July 1968, awarded the applicant the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force.  

7.  General Orders Number 5306, Headquarters, 25th Infantry Division, dated    24 July 1968, awarded the applicant the Bronze Star Medal for meritorious service in connection with military operations against a hostile force during the period from August 1967 to August 1968.

8.  On or about 26 July 1968, the applicant returned to the United States for duty at Fort Knox, Kentucky.

9.  On 12 March 1969, the applicant was released from active duty.  He had attained the rank of sergeant, pay grade E-5 and had completed 2 years of creditable active duty.

10.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, as corrected by DD Form 215 on 25 April 2005, lists his awards as the National Defense Service Medal, Bronze Star Medal with "V" Device," Vietnam Service Medal, [Republic of] Vietnam Campaign Medal with Device (1960), and the Marksman Marksmanship Qualification Badge with Rifle [M-14] Bar.  It does not show award of the Purple Heart or a second Bronze Star Medal. 

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


12.  Item 38 (Record of Assignments) of the applicant's Enlisted Qualification Record (DA Form 20) shows that his conduct and efficiency were excellent.  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal. 

13.  Army Regulation 672-5-1, in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had 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.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following four campaign periods: the Vietnam Counteroffensive, Phase III; the Tet Counteroffensive; the Vietnam Counteroffensive, Phase IV; and the Vietnam Counteroffensive, Phase V.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 7th Field Artillery Battalion, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 48, dated in 1971, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and in DAGO Number 51, dated in 1971, for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

16.  Item 41 (Awards and Decorations) of the applicant's Enlisted Qualification Record (DA Form 20) shows that he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle [M-16] Bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 does not show award of his Purple Heart and both of his Bronze Star Medals.


2.  General Orders show that the applicant was awarded the Purple Heart for wounds sustained on 23 April 1968.  Therefore, his records should be corrected to show this award.

3.  General Orders show that the applicant was awarded the Bronze Star Medal with Oak Leaf Cluster and "V" Device.  Therefore, his records should be corrected to show this award.

4.  The applicant’s records clearly show that he distinguished himself in the performance of his military service.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

5.  Records show that the applicant participated in four campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of four bronze service stars to be affixed to his Vietnam Service Medal.

6.  The applicant’s unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards.

7.  Records show the applicant qualified as a sharpshooter with his M-16 rifle. Therefore his records should be corrected to show award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

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 by:

   a.  awarding him the Army Good Conduct Medal for the period from 
13 March 1967 to 12 March 1969;	

   b.  deleting from Item 24 of his DD Form 214: Bronze Star Medal w/"V" Device; and
   
   c.  showing, in Item 24 of his DD Form 214, that in addition to the awards shown on his DD Form 214, his authorized awards include the Purple Heart, Bronze Star Medal with Oak Leaf Cluster and "V" Device, Army Good Conduct Medal, four bronze service stars to be affixed to his already-awarded Vietnam Service Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
	





      _______ _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)                                         AR20080008382





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ABCMR Record of Proceedings (cont)                                         AR20080008382



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