BOARD DATE:	  18 August 2009

		DOCKET NUMBER:  AR20090005582 


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 award of the Purple Heart.

2.  The applicant states that he sustained combat wounds in the Republic of Vietnam on 15 February 1971 and was awarded the Purple Heart but it is not shown on his DD Form 214.

3.  The applicant provided a copy of his DD Form 214, dated 11 November 1971; a copy of his Clinical Record Cover Sheet, dated 27 February 1971; a copy of  his VA Form 21-6782 (Original Disability Compensation); and a copy of his Honorable Discharge Certificate, dated 1 January 1975, in support of his request.

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's records show he enlisted in the Regular Army for a period of 3 years on 6 January 1969.  He completed basic combat and advanced individual training and was awarded military occupational specialty 64A (Light Vehicle Driver).  He was honorably separated in the rank of specialist five (SP5)/E-5 on 11 November 1971 and transferred to the U.S. Army Reserve Control Group (Reinforcement) for completion of his Reserve obligation. 

3.  The applicant’s records show he served in the Republic of Vietnam from 6 June 1970 to on or about 1 March 1971.  He was assigned to the 523rd Transportation Company.  

4.  Item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal with one bronze service star, and the Republic of Vietnam Campaign Medal with Device (1960).  Item 24 does not show award of the Purple Heart.

5.  Headquarters, 85th Evacuation Hospital, General Orders Number 29, dated 17 February 1971, show the applicant was awarded the Purple Heart for wounds received in action on 15 February 1971.

6.  Headquarters, U.S. Army Training Center, Infantry and Fort Lewis, Fort Lewis, WA, Special Orders Number 49, dated 18 February 1969, show the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). 

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 523rd Transportation Company was awarded the Republic of Vietnam Gallantry Cross with Gold Star Unit Citation for service from 23 October 1966 to 24 April 1971 based on Department of the Army General Orders Number 24, dated 1972 and the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

8.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in two campaigns during his tour of duty in the Republic of Vietnam: the DA Sanctuary Counteroffensive from 1 May 1970 to 30 June 1970, and the Vietnam Counteroffensive Phase VII from 1 July 1970 to 30 June 1971.  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.  Additionally, Item 38 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, 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 award of the Purple Heart.

2.  General orders awarded the applicant the Purple Heart for wounds received in action on 15 February 1971 in the Republic of Vietnam which is not shown on his DD Form 214; therefore, he is entitled to correction of his records to show this award.

3.  General Orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Gold Star Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation which are not shown on his records; therefore, he is entitled to have his records corrected to show these unit awards.

4.  Special orders awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) which is not shown on his DD Form 214; therefore, he is entitled to have his records corrected to show this badge.

5.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of two bronze service stars to be affixed to the Vietnam Service Medal.

6.  The evidence of record confirms that the applicant served honorably during the period 6 January 1969 to 11 November 1971.  He was awarded the Purple Heart, attained the rank of SP5, and received “Excellent” conduct and efficiency ratings throughout his military service.  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 a qualifying period of Federal military service from 6 January 1969 to 11 November 1971.  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 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 the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 6 January 1969 to 11 November 1971; and

	b.  adding the Purple Heart, the Good Conduct Medal (1st Award), the Republic of Vietnam Gallantry Cross with Gold Star Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.




      _______ _   _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)                                         AR20090005582



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090005582



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1