IN THE CASE OF:
BOARD DATE: 15 October 2008
DOCKET NUMBER: AR20080013049
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 reconsideration of his earlier request for correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Purple Heart.
2. The applicant states, in effect, that he was awarded the Purple Heart and wants his record corrected to show it.
3. The applicant provides copies of his DD Form 214, orders and certificate for award of the Purple Heart.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20070013168 on 29 January 2008.
2. The applicant has provided a copy of General Orders Number 9646, Headquarters, Americal Division, dated 27 December 1968, awarding him the Purple Heart for wounds received in action on 25 October 1968 while serving in the Republic of Vietnam.
3. Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.
4. Item 38 (Record of Assignments) of the applicant's Enlisted Qualification Record (DA Form 20) shows that his conduct and efficiency were excellent. The applicants 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.
5. 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.
6. 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 five campaign periods: the Vietnam Counteroffensive, Phase III; the Tet Counteroffensive; the Vietnam Counteroffensive, Phase IV; the Vietnam Counteroffensive, Phase V; the Vietnam Counteroffensive, Phase VI. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. A silver service star denotes participation in five campaigns.
7. 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 4th Battalion, 31st Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 5, dated 1969, for award of the Valorous Unit Award.
8. Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.
DISCUSSION AND CONCLUSIONS:
1. General orders show that the applicant was awarded the Purple Heart. Therefore, his records should be corrected to show this award.
2. The applicants 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 five campaign periods during his service in the Republic of Vietnam. Therefore, he is eligible for award of a silver service star to be affixed to his Vietnam Service Medal.
4. The applicants unit was cited in general orders for award of the Valorous Unit Award. Therefore, his records should be corrected to show this unit award.
5. The applicants unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, his records should be corrected to show this foreign unit 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 amendment of the ABCMRs decision in Docket Number AR20070013168, dated 29 January 2008. 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
20 June 1967 to 19 June 1969;
b. deleting from his DD Form 214 the Vietnam Service Medal with two bronze service stars; and
c. showing, that in addition to the awards already shown on his DD Form 214, that his awards include the Purple Heart, Valorous Unit Award, Army Good Conduct Medal, Vietnam Service Medal with a silver service star, and the Republic of Vietnam Gallantry Cross with Palm 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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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20080013049
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