IN THE CASE OF:	  

		BOARD DATE:	  10 December 2009

		DOCKET NUMBER:  AR20090012730 


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 was awarded the Purple Heart for wounds received in action on 6 November 1965 in the Republic of Vietnam; however, the Purple Heart is not listed on his DD Form 214.  

3.  The applicant provides a copy of his DD Form 214, dated 1 February 1966, and a copy of a certificate, dated 7 November 1965, showing award of the Purple Heart, 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 8 February 1963.  He completed basic combat and advanced individual training and was awarded military occupational specialty 31F (Infantry Communications/Wireman Specialist).  He was honorably released from active duty on 1 February 1966 in the rank of sergeant (SGT)/E-5 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed 2 years, 11 months, and 24 days of creditable active service.

3.  The applicant's records show that he served in the Republic of Vietnam from on or about 21 September 1965 to 31 January 1966.  He was assigned to Headquarters and Headquarters Company, 1st Battalion, 12th Cavalry, 1st Cavalry Division. 

4.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Combat Infantryman Badge, the Ranger Tab, the Expert Marksmanship Qualification Badge with Rifle Bar, the Parachutist Badge, and the Vietnam Service Medal.  Item 24 does not show award of the Purple Heart.

5.  Headquarters, U.S. Army Vietnam, General Orders Number 1494, dated 8 November 1965, show the applicant was awarded the Purple Heart for wounds received in action on 6 November 1965 in the Republic of Vietnam.

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

7.  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, Section 2 (Chronological Record of Military Service) of his DA Form 24 (Service Record) and item 13 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) show he received "Excellent" conduct and efficiency ratings throughout his military service.

8.  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.
9.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the applicant participated in the Vietnam Defense Campaign, from 8 March 1965 to 24 December 1965, and the Vietnam Counteroffensive, 25 December 1965 to 30 June 1965, campaigns 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.

10.  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 the 1st Battalion, 12th Cavalry, this unit was awarded the Presidential Unit Citation for service from 23 October 1965 to 26 November 1965, based on Department of the Army General Order (DAGO) Number 40, dated 1967, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 9 August 1965 to 19 May 1969, based on DAGO Number 56, dated 1969.

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 6 November 1965 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 award of the Purple Heart.

3.  General orders awarded the applicant’s unit the Presidential 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 correction of his records to show these unit awards. 

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

5.  The evidence of record confirms that the applicant served honorably during the period 8 February 1963 through 11 February 1966.  He completed the Ranger Course, served in the Republic of Vietnam, received an "Excellent" conduct and efficiency rating throughout his military service, attained the rank/grade of SGT/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 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 the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 8 February 1963 through 1 February 1966; and

	b.  adding to his DD Form 214 award of the Purple Heart, the Good Conduct Medal (1st Award), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Presidential Unit Citation, 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)                                         AR20090012730



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ABCMR Record of Proceedings (cont)                                         AR20090012730



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