IN THE CASE OF:	  

	BOARD DATE:	  15 October 2008

	DOCKET NUMBER: AR20080011289 


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 Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Purple Heart and the Bronze Star Medal.

2.  The applicant states that he received these awards but they were not entered on his DD Form 214.

3.  The applicant provides no supporting documentation. 

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 6 February 1967, the applicant enlisted in the Regular Army for 3 years.  He completed his initial training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).           

3.  Special Orders Number 83, Headquarters, United States Army Training Center, Armor, Fort Knox, Kentucky, dated 24 March 1967, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle [M-14] Bar.

4.  Special Orders Number 61, Headquarters, 3rd Training Brigade, Infantry, Fort Gordon, Georgia, dated 10 May 1967, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle [M-16] Bar.

5.  On 23 July 1967, the applicant was assigned for duty as a rifleman with the 1st Battalion, 5th Infantry Regiment, in the Republic of Vietnam. 

6.  General Orders Number 1478, Headquarters, 25th Infantry Division, dated
23 March 1968, awarded the applicant the Purple Heart for wounds received in connection with military operations against a hostile force in the Republic of Vietnam on 2 February 1968.

7.  General Orders Number 4986, Headquarters, 25th Infantry Division, dated
8 July 1968, awarded the applicant the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam during the period from July 1967 to July 1968.

8.  On 15 July 1968, the applicant returned to the United States for duty at Fort Carson, Colorado.

9.  On 6 February 1969, the applicant’s MOS was changed to 71F (Postal Clerk).

10.  On 18 February 1970, the applicant was released from active duty due to completion of required active duty service and was transferred to the United States Army Reserve (USAR) Control Group (Reinforcement).  He had completed 3 years of creditable active duty.

11.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, lists his awards as the National Defense Service Medal, Vietnam Service Medal with one bronze service star, and the [Republic of] Vietnam Campaign Medal with Device (1960).  It does not show award of the Purple Heart or Bronze Star Medal.  

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

13.  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. 

14.  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.  

15.  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.

16.  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 1st Battalion, 5th Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 48, dated 1971, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and in DAGO Number 51, dated 1971, for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

 DISCUSSION AND CONCLUSIONS:

1.  General Orders show that the applicant was awarded the Purple Heart and the Bronze Star Medal.  Therefore, his records should be corrected to show these awards.

2.  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.

3.  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.

4.  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.   

5.  Special Orders show that the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle [M-16] Bar.  Therefore, his records should be corrected to show this award.

6.   Special Orders show that the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle [M-14] Bar.  Therefore, his records should be corrected to show this award.

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 
6 February 1967 to 18 February 1970; and

      b.  showing, in addition to the awards shown on his DD Form 214, his authorized awards include the Purple Heart, Bronze Star Medal, Army Good Conduct Medal, three bronze service stars to be affixed to his already-awarded Vietnam Service Medal, Expert Marksmanship Qualification Badge with Rifle
[M-16] Bar, Marksman Marksmanship Qualification Badge with Rifle [M-14] Bar, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.



	__________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)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20080011289



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