IN THE CASE OF:	  

		BOARD DATE:	  15 December 2009

		DOCKET NUMBER:  AR20090012632 


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, the Army Commendation Medal, and the Air Medal.

2.  The applicant states that his DD Form 214 is incomplete and he would like it to be accurate.

3.  The applicant provides a copy of his DD Form 214, dated 22 March 1969; a copy of a certificate showing award of the Purple Heart, dated 16 March 1969; a copy of a certificate showing award of the Air Medal, dated 13 November 1968; and a copy of a certificate showing award of the Army Commendation Medal, dated 13 November 1968, 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 was inducted into the Army of the United States and entered active duty on 4 August 1967.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  He was honorably released from active duty in the rank of specialist four (SP4)/E-4 on 22 March 1969 and transferred to the U.S. Army Reserve Control Group (Reinforcement) for completion of his military service obligation.

3.  The applicant's records show he served in the Republic of Vietnam from on or about 23 March 1968 to on or about 22 March 1969.  He was assigned to Company D, 3rd Battalion (Airborne), 187th Infantry Brigade.

4.  Item 24 (Decorations, Medals, Badges, Commendations, 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, the Bronze Star Medal, the Republic of Vietnam Campaign Medal, and the Combat Infantryman Badge.

5.  Headquarters, 101st Airborne Division, General Orders Number 10514, dated 30 November 1968, show the applicant was awarded the Army Commendation Medal for meritorious achievement from 1 May 1968 to 30 September 1968 in the Republic of Vietnam.

6.  Headquarters, 101st Airborne Division, General Orders Number 10520, dated 30 November 1968, show the applicant was awarded the Air Medal for meritorious achievement while participating in aerial flight on 17 June 1968 in the Republic of Vietnam.

7.  Headquarters, 101st Airborne Division, General Orders Number 3741, dated 25 April 1969, show the applicant was awarded the Purple Heart for wounds received in action on 13 August 1968 in the Republic of Vietnam.

8.  Headquarters, 101st Airborne Division, General Orders Number 4252, dated 5 May 1969, show the applicant was awarded the Army Commendation Medal with "V" Device (1st Oak Leaf Cluster) for heroism on 8 October 1968 in the Republic of Vietnam.

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

10.  Headquarters, U.S. Army Training Center, Fort Bragg, NC, Special Orders Number 263, dated 20 September 1967, show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the 3rd Battalion, 187th Infantry, was awarded the Presidential Unit Citation for its service from 13 June 1968 to 23 September 1969 based on Department of the Army General Orders (DAGO) Number 38, dated 1971; the Valorous Unit Award for its service from 17 April 1969 to 7 May 1969 based on DAGO Number 2, dated 1971; the Meritorious Unit Commendation for its service from 14 March 1968 to 3 October 1969 based on DAGO Number 22, dated 1976; the Republic of Vietnam Gallantry Cross with Palm Unit Citation for its service from 19 July 1968 to 14 May 1969 based on DAGO Number 43, dated 1970; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for its service from 3 October 1968 to 2 May 1970 based on DAGO Number 48, dated 1971.

12.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that participation credit was awarded for the Tet Counteroffensive from 30 January 1968 to1 April 1968, the Vietnam Counteroffensive Phase IV from 2 April 1968 to 30 June 1968, the Vietnam Counteroffensive Phase V from 1 July 1968 to 1 November 1968, the Vietnam Counteroffensive Phase VI from 2 November 1968 to 22 February 1969, and the Tet 69 Counteroffensive from 23 February 1969 to 8 June 1969 campaigns during the applicant's service 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 and that a silver service star denotes five bronze service stars.

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

14.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided 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 ended 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 were not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Purple Heart for wounds received in action on 13 August 1968 in the Republic of Vietnam which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  General orders awarded the applicant the Army Commendation Medal for meritorious achievement from 1 May 1968 to 30 September 1968 in the Republic of Vietnam 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 the Army Commendation Medal with "V" Device (1st Oak Leaf Cluster) for heroism on 8 October 1968 in the Republic of Vietnam which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  General orders awarded the applicant the Air Medal for meritorious achievement while participating in aerial flight on 17 June 1968 in the Republic of Vietnam which is not shown on his records; therefore, he is entitled to correction of his DD Form 214 to show this award.

5.  General orders awarded the applicant's unit the Presidential Unit Citation, the Valorous Unit Award, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his records; therefore, he is entitled to correction of his records to show these unit award.

6.  Special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar which is not shown on his records; therefore, he is he is entitled to correction of his records to show this badge.

7.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in five campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to a silver service star to be affixed to his already-awarded Vietnam Service Medal.

8.  The evidence of record confirms that the applicant served honorably during the period 4 August 1967 through 22 March 1969.  He completed a combat tour in the Republic of Vietnam, received "excellent" conduct and efficiency ratings throughout his military service, attained the rank/grade of SP4/E-4, and was awarded the Purple Heart and other combat awards.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal based on completion of a qualifying period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

BOARD VOTE:

________  ________  ________  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 4 August 1967 through 22 March 1969; and

	b.  adding to his DD Form 214 the Purple Heart, the Army Good Conduct Medal (1st Award), the Army Commendation Medal with "V" Device for (1st Oak Leaf Cluster, the Air Medal, the Presidential Unit Citation, the Valorous Unit Award, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and a silver service star to be affixed to his already-awarded Vietnam Service Medal.



      _________________________
                 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)                                         AR20090012632



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ABCMR Record of Proceedings (cont)                                         AR20090012632



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