IN THE CASE OF:	  

		BOARD DATE:	       2 JUNE 2009

		DOCKET NUMBER:  AR20090000515 


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 (Report of Transfer or Discharge) to show award of the Purple Heart and a third award of the Army Commendation Medal correctly known as the Army Commendation Medal with Second Oak Leaf Cluster.

2.  The applicant states that these awards are not listed on his DD Form 214.  He contends that he was awarded the Purple Heart for wounds received in action on 17 November 1970 in Vietnam.

3.  The applicant provides orders and an award certificate for the Purple Heart, orders for the Army Commendation Medal with First Oak Leaf Cluster, and orders and an award certificate for the Army Commendation Medal with Second Oak Leaf Cluster in support of his application.

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 was inducted on 26 August 1969.  He served as a light weapons infantryman assigned to the 52nd Security Detachment in Vietnam from 14 February 1970 through 18 December 1970.  On 29 April 1971, the applicant was released from active duty in the rank of specialist four after completing 1 year, 8 months, and 4 days of creditable active service with no time lost.

3.  The applicant's DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), the Army Commendation Medal with First Oak Leaf Cluster, the Combat Infantryman Badge, the First Class Gunner Badge with M-60 Machinegun Bar, and the Expert Marksmanship Qualification Badge with Rifle Bar as authorized awards.

4.  Headquarters, 17th Aviation Group (Combat), General Orders Number 1, dated 2 January 1970, show the applicant received the Purple Heart for wounds received in action on 17 November 1970.

5.  Orders show the applicant received the Army Commendation Medal for meritorious achievement during the period 31 January 1970 to 25 July 1970.  Orders show the applicant received the Army Commendation Medal with First Oak Leaf Cluster for meritorious achievement on 18 July 1970 in Vietnam.

6.  Headquarters, 1st Aviation Brigade, General Orders Number 12503, dated 21 December 1970, show the applicant received the Army Commendation Medal with Second Oak Leaf Cluster for meritorious service during the period January 1970 to January 1971.

7.  There is no evidence the applicant received the first award of the army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

8.  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 52nd Security Detachment was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 April 1970 to 26 June 1970 based on Department of the Army General Orders Number 11, dated 1973; his unit is eligible for a second award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 January 1969 to 30 September 1970) based on Department of the Army General Orders Number 6, dated 1974; and his unit is eligible for a third award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 October 1970 to 31 August 1972) based on Department of the Army General Orders Number 54, dated 1974.

9.  Paragraph 6 (Miscellaneous Information) of Department of the Army Pamphlet 672-3 states that only one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn; however, records should show entitlement to all authorized awards of this foreign unit award.

10.  Department of the Army Pamphlet 672-3 also shows the 52nd Security Detachment was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 5, dated 1973.

11.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the Purple Heart and the Army Commendation Medal with Second Oak Leaf Cluster.  Therefore, this DD Form 214 should be corrected to show these awards.

2.  The applicant was separated in the rank of specialist four with 20 months of creditable active service with no time lost.  Therefore, it appears the applicant met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 26 August 1969 through 29 April 1971 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.

3.  The applicant's unit was awarded three awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and so he is authorized to wear one of those awards.  However, his DD Form 214 should be amended to show three awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

4.  The applicant’s unit received the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.

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 first award of the Army Good Conduct Medal for the period 26 August 1969 through 29 April 1971;

	b.  deleting the entry "Army Commendation Medal w/1 Oak Leaf Cluster" from his DD Form 214; and

	c.  adding the Purple Heart, the Army Commendation Medal with Second Oak Leaf Cluster, the Army Good Conduct Medal, three awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214.



      ________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)                                         AR20090000515



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ABCMR Record of Proceedings (cont)                                         AR20090000515



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