IN THE CASE OF:	  

		BOARD DATE:	        30 APRIL 2009

		DOCKET NUMBER:  AR20080017358 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show that he was awarded two Purple Hearts, the Air Medal, two Army Commendation Medals, and a Certificate of Appreciation.

2.  The applicant states that these awards were not included on his DD Form 214 at the time it was prepared and he would like his awards added therein as proof of what he sacrificed for his country during his service in Vietnam.

3.  The applicant provides a copy of a certificate dated 21 February 1969, showing that he was awarded the Army Commendation Medal; a copy of a citation for award of the Army Commendation Medal; a copy of General Orders Number 3076, dated 15 March 1969, awarding him the Purple Heart; a copy of a certificate, dated 15 March 1969, showing that he was awarded the Purple Heart; a copy of General Orders Number 3804, dated 29 March 1969, awarding him the Purple Heart; a copy of a certificate, dated 29 March 1969, showing that he was awarded the Purple Heart; a copy of General Orders Number 3821, dated 30 March 1969, awarding him the Army Commendation Medal with "V" Device; a copy of a certificate, dated 30 March 1969, showing that he was awarded the Army Commendation Medal with First Oak Leaf Cluster and "V" Device; a copy of a certificate, dated 4 April 1969, showing that he was awarded the Air Medal; a copy of a citation for award of the Air Medal; a copy of a Certificate of Appreciation, dated 9 January 1970; and a copy of his DD Form 214.


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 10 January 1968, the applicant was inducted into the Army of the United States in Charlotte, North Carolina.  He successfully completed his training and was awarded a field artillery basic military occupational specialty.

3.  The applicant was promoted to the pay grade of E-2 on 10 May 1968 and was transferred to Vietnam on 11 May 1968.

4.  He was promoted to the pay grade of E-3 on 14 June 1968; he was promoted to the pay grade of E-4 on 1 October 1968; and he was promoted to the pay grade of E-5 on 1 January 1969.

5.  On 21 February 1969, General Order Number 2073 was published awarding the applicant the Army Commendation Medal for outstanding achievement in connection with military operations against a hostile force in the Republic of Vietnam from 28 December 1968 to 13 February 1969.

6.  On 15 March 1969, General Orders Number 3076 were published awarding him the Purple Heart for wounds received in connection with military operations against a hostile force in the Republic of Vietnam on 13 March 1969.

7.  On 29 March 1969, General Orders Number 3804 were published awarding the applicant the Purple Heart for wounds received in connection with military operations against a hostile force in the Republic of Vietnam on 13 March 1969.

8.  On 30 March 1969, General Orders Number 3821 were published awarding the applicant the Army Commendation Medal with "V" Device (First Oak Leaf Cluster) for heroism in connection with military operations against an armed hostile force in the Republic of Vietnam on 18 January 1969.

9.  On 4 April 1969, General Orders Number 4003 were published awarding the applicant the Air Medal for meritorious achievement while participating in sustained aerial flight in the Republic of Vietnam from 28 December 1968 to 12 March 1969.

10.  On 26 April 1969, General Orders Number 4958 were published awarding the applicant the Bronze Star Medal with "V" Device for heroism in connection with military actions involving conflict with an armed hostile force in the Republic of Vietnam on 13 March 1969.

11.  The applicant's DA Form 20 (Enlisted Qualification Record) shows that his conduct and efficiency ratings were "excellent" while in the Army and that he sustained a fragment wound to his pelvic area at 0050 hours on 13 March 1969 and he sustained a fragment wound to his head at 0330 hours on 13 March 1969.

12.  His DA Form 20 also shows that he earned the National Defense Service Medal, the Sharpshooter Marksmanship Qualification Badge (M-16), the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Purple Heart, the Purple Heart (First Oak Leaf Cluster), the Army Commendation Medal with "V" Device (First Oak Leaf Cluster), the Air Medal, the Bronze Star Medal with "V" Device, the Expert Marksmanship Qualification Badge, and a Vietnam Unit Citation.

13.  The applicant returned to the continental United States on 30 May 1969 and was assigned to Battery B, 2nd Battalion, 10th Artillery, Fort Benning, Georgia, on 11 July 1969.

14.  On 9 January 1970, the applicant was honorably released from active duty (REFRAD) under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 2, at the expiration of his term of service and was transferred to the United States Army Reserve Control Group (Annual Training).  He had completed 2 years of total active service.

15.  The DD Form 214 that he was furnished at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), the Expert Marksmanship Qualification Badge (M-14), the Sharpshooter Marksmanship Qualification Badge (M-16), and two overseas service bars.  However, the Bronze Star Medal with "V" Device, the Purple Heart (First Oak Leaf Cluster), the Air Medal, and the Army Commendation Medal with "V" Device (First Oak Leaf Cluster) failed to be included on his DD Form 214.
16.  Army Regulation 672-5-1 (Awards), in effect at the time, provides that the Army 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.

17.  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 pamphlet shows the unit to which the applicant was assigned was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966 to 30 June 1968 by Department of the Army General Orders (DAGO) Number 31, dated 1969; the Presidential Unit Citation for the period 7 March 1968 to 22 June 1968 by DAGO Number 60, dated 1969; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 28 June 1969 by DAGO Number 59, dated 1969.

18.  Army Regulation 635-5 (Separation Documents) provides, in pertinent part, that only decorations, medals, badges, citations, and campaign ribbons will be entered on the DD Form 214.  Certificates of appreciation or achievement are not authorized for entry on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show that he was awarded two awards of the Purple Heart, the Air Medal, two awards of the Army Commendation Medal, and a Certificate of Appreciation.

2.  His contentions have been noted and the evidence of record supports his contentions.  His records show that he was awarded the Purple Heart (First Oak Leaf Cluster), the Army Commendation Medal with "V" Device (First Oak Leaf Cluster), and the Air Medal and this information should be included on his DD Form 214.

3.  His records also show that he was awarded the Bronze Star Medal with "V" Device, and he was assigned to a unit during a period of time that unit was awarded the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  These awards should also be included on his DD Form 214.
4.  According to Army Regulation 672-5-1, he should also be awarded the Army Good Conduct Medal as he completed a qualifying period of active duty enlisted service and his conduct and efficiency rating were "excellent" throughout his military career.  There is no derogatory information contained in his official record that would have precluded him from being awarded the Army Good Conduct Medal for his service from 10 January 1968 through 9 January 1970.  Therefore, it would be appropriate to award him the Army Good Conduct Medal and to include this award on his DD Form 214.

5.  However, in accordance with Army Regulation 635-5, certificates of appreciation or achievement are not authorized for entry on the DD Form 214.  Therefore, this certificate cannot be included on his DD Form 214.

6.  In view of the foregoing, it would now be in the interest of justice to correct the applicant's records as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  __X______  __X______  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 the period from 10 January 1968 through 9 January 1970, while serving in the rank of sergeant (E-5);

	b.  and amending his DD Form 214 to add the Bronze Star Medal with "V" Device, the Purple Heart (First Oak Leaf Cluster), the Air Medal, the Army Commendation Medal with "V" Device (First Oak Leaf Cluster), the Army Good Conduct Medal, the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to amending his DD Form 214 to include his Certificate of Appreciation.



      __________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)                                         AR20080017358



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ABCMR Record of Proceedings (cont)                                         AR20080017358



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