IN THE CASE OF:	  

		BOARD DATE:	       18 SEPTEMBER 2008

		DOCKET NUMBER:  AR20080010330


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 the addition of his Purple Heart, and all other awards to which he may be entitled, to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

2.  The applicant states when he was discharged many of his awards were omitted from his DD Form 214.

3.  The applicant provides:

	a.  DD Form 214 for the period 19 February 1970 through 24 November 1970.

	b.  DD Form 214 for the period 24 October 1968 through 18 February 1970.

	c.  General Orders Number 5406, Headquarters, 25th Infantry Division, Vietnam, dated 24 May 1970, awarding him the Purple Heart for wounds received on 6 May 1970.

	d.  Purple Heart Certificate.

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 he enlisted in the Regular Army for 3 years on 24 October 1968.  He received Basic Combat Training at Fort Leonard Wood, MO and Advanced Individual Training at Fort Knox, KY where he was trained in and awarded military occupational specialty (MOS) 11E (Armor Crewman).

3.  The applicant's first permanent duty assignment was at Fort Hood, TX with the 1st Armored Division (Old Ironsides), where he was assigned to Company C, 2nd Battalion, 13th Armored Regiment.  He served at Fort Hood from on or about 26 June 1969 to on or about 30 September 1969.

4.  The applicant received orders to Vietnam.  On or about 8 November 1969, he arrived in-country and, on 20 November 1969, he was assigned to Company B, 2nd Battalion, 34th Armored Regiment, 1st Infantry Division, where he served as an assistant tank commander.

5.  While in Vietnam, the applicant reenlisted for 3 years on 19 February 1970.  His unit, Company B, 2nd Battalion, 34th Armored Regiment, was transferred to the 25th Infantry Division.  It was with the 25th Infantry Division that he was wounded in combat on 6 May 1970 and medically evacuated to the 3rd Field Hospital at Ton Son Nhut Air Base, located near Saigon.  General Orders Number 107, Headquarters, 3rd Field Hospital, Vietnam, dated 8 May 1970, awarded him the Purple Heart.

6.  The applicant remained at the 3rd field Hospital until 23 May 1970, when he was further evacuated to the 249th General Hospital, Camp Drake, Asaka, Japan.  Upon his departure from Vietnam, the 25th Infantry Division published General Orders Number 5406 on 24 May 1970 awarding him the Purple Heart.

7.  The applicant was eventually transferred to the US Naval Hospital, Great Lakes, IL.  There he underwent physical disability evaluation and was retired on 24 November 1970 and placed on the Temporary Disability Retired List (TDRL) 



on 25 November 1970 with a disability rating of 90 percent.  On 31 July 1972, he 
was removed from the TDRL by Headquarters, Department of the Army (HQDA) orders and placed on the Permanent Retired List on 1 August 1972.

8.  The applicant's retirement DD Form 214, dated 24 November 1970, lists only the Vietnam Campaign Medal with Device (1960) and One Overseas Service Bar in Item 24 (Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).  It does not show award of the Purple Heart.  His first DD Form 214 shows award of the National Defense Service Medal and the Vietnam Service Medal, but these awards were not carried forward to his retirement DD Form 214.

9.  The applicant's records show that he is entitled to have additional corrections made to Item 24 of his DD Form 214.

	a.  Special Orders Number 351, US Army Training Center and Fort Leonard Wood, Fort Leonard Wood, MO, dated 16 December 1968, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and the Expert Marksmanship Qualification Badge with Grenade Bar;

	b.  He participated in two campaigns during his service in Vietnam; the Vietnam Winter-Spring 1970 (1 November 1969 to 30 April 1970) and the DA Sanctuary Counteroffensive (1 May 1970 to 30 June 1970).  Therefore, he is entitled to wear 2 bronze service stars on his already-awarded Vietnam Service Medal; and

	c.  His records show that he quickly rose to the rank of sergeant (SGT/E-5) and that he received uniformly "excellent" conduct and efficiency ratings and was never subject to court-martial proceedings, thus making him eligible for the Good Conduct Medal for the period 24 October 1968 through 24 November 1970.

10.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides:

	a.  The Good Conduct Medal (GCMDL) is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying 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.  During the Vietnam period, the Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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.

	b.  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.

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 the unit to which the applicant was assigned 
was cited for award of the Valorous Unit Award for the period 1 May to 29 June 1970 by Department of the Army General Order Number 43, dated 1972.  The unit was cited by the government of the Republic of Vietnam for award of the Vietnam Gallantry Cross with Palm Unit Citation for the period 15 February 1970 to 30 September 1970 by Department of the Army General Order Number 5, dated 1973; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 31 January 1969 to 7 April 1970 by Department of the Army General Order Number 53, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his Purple Heart and any other entitled awards be added to his DD Form 214.

2.  The applicant served a total of 2 years, 1 month, and 1 day of creditable active Federal service.  He served in Vietnam for a total of 6 months and
14 days.  On 6 May 1970, he was seriously wounded and was eventually placed on the TDRL.

3.  The applicant has two sets of Purple Heart orders in his records for the same wounding on 6 May 1970.  One Purple Heart should be added to his DD Form 214.

4.  The applicant served 2 years, 1 month, and 1 day of creditable active Federal Service before his retirement by reason of temporary disability.  He had "excellent" conduct and efficiency ratings and no courts-martial convictions and he should have been awarded the Good Conduct Medal (1st Award) for exemplary conduct, efficiency and fidelity during the period 24 October 1968 through 24 November 1970.  This award should be added to his DD Form 214.
5.  The applicant served in two named campaigns during the Vietnam War.  He is entitled to wear 2 bronze service stars on his already-awarded Vietnam Service Medal.

6.  The applicant was a member of his unit when it was awarded the Valorous Unit Award, the Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  These unit awards should be added to his DD Form 214.

7.  During initial entry training, the applicant qualified as an expert with the M-14 and M-16 rifles and the hand grenade.  He is entitled to have the following badges entered on his DD Form 214: Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and Expert Marksmanship Qualification Badge with Grenade Bar.

8.  The National Defense Service Medal and the Vietnam Service Medal (with 2 bronze service stars) should be brought forward to his retirement DD Form 214, dated 24 November 1970.

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 him the Good Conduct Medal for exemplary conduct, efficiency and fidelity during the period 24 October 1968 through 24 November 1970; and

	b.  adding to his DD Form 214, dated 24 November 1970, the Purple Heart, Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with 2 bronze service stars, Vietnam Campaign Medal with Device (1960), 

Valorous Unit Award, Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and the Expert Marksmanship Qualification Badge with Grenade Bar.



      ___        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)                                         AR20080010330



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ABCMR Record of Proceedings (cont)                                         AR20080010330



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