IN THE CASE OF:	

		BOARD DATE:	14 July 2009  

		DOCKET NUMBER:  AR20090005021 


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

2.  The applicant states that he was wounded in combat and was awarded the Purple Heart.  

3.  The applicant provides a copy of his DD Form 214, dated 10 May 1971; a copy of General Orders Number 22211, issued by Headquarters, 1st Cavalry Division, on 27 December 1970, showing award of the Purple Heart; and a copy of a certificate, dated 27 December 1970, showing award of the Purple Heart, in support of his request.

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 AR20080016190, on 21 January 2009.

2.  The applicant submitted a copy of General Orders Number 22211, issued by Headquarters, 1st Cavalry Division, on 27 December 1970, showing award of the Purple Heart, which was not previously reviewed by the ABCMR; therefore, it is considered new evidence and as such warrants consideration by the Board.

3.  The applicant's records show he was inducted into the Army of the United States on 4 June 1969.  He completed basic combat and advanced individual training and was awarded military occupational specialty 67U (CH-47 Helicopter Repairman).  He was honorably released from active duty on 10 May 1971 in the rank/grade of specialist five (SP5)/E-5 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation.

4.  The applicant's records show that he served in the Republic of Vietnam from on or about 9 July 1970 to on or about 10 May 1971.  He was assigned to Company C, 228th Aviation Battalion, 1st Cavalry Division.

5.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), one overseas service bar, the Air Medal, the Army Commendation Medal, and the Marksman Marksmanship Qualification Badge with Rifle Badge (M-14).  Item 24 does not show award of the Purple Heart.

5.  Headquarters, 1st Cavalry Division, General Orders Number 22211, dated 27 December 1970, show the applicant was awarded the Purple Heart for wounds received in action in connection with military operations against a hostile force in the Republic of Vietnam on 27 December 1970.

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

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during the time of the applicant's assignment to Company C, 228th Aviation Battalion, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation from 21 February 1970 to 28 February 1971 based on Department of the Army General Orders 42, dated 1972.

8.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive, Phase III, from 1 July 1970 to 30 June 1971 campaign during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.



9.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Good Conduct Medal.  Furthermore, Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service.

10.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show awards of the Purple Heart.

2.  General orders awarded the applicant the Purple Heat for wounds received in action in the Republic of Vietnam on 27 December 1970 which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  General orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his records; therefore, he is entitled to correction of his records to show this unit award.

4.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in one campaign while serving in the Republic of Vietnam.  Therefore, he is entitled to a bronze service star to be affixed to his Vietnam Service Medal.

5.  The evidence of record confirms that the applicant served honorably during the period 4 June 1969 through 10 May 1971.  He received "excellent" conduct and efficiency ratings throughout his military service, attained the rank of 
SP5/E-5, and was awarded the Purple Heart.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records 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 amendment of the ABCMR’s decision in Docket Number AR20080016190, dated 21 January 2009.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 4 June 1969 through 10 May 1971; and 

	b.  adding award of the Purple Heart, the Good Conduct Medal (1st Award), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and a bronze service star to be affixed to his already-awarded Vietnam Service Medal to his DD Form 214.



      _______ _   _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)                                         AR20090005021



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ABCMR Record of Proceedings (cont)                                         AR20090005021



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