IN THE CASE OF:	  

		BOARD DATE:	  9 March 2010

		DOCKET NUMBER:  AR20090012795 


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 the Purple Heart was left off his DD Form 214 due to an administrative oversight.

3.  The applicant provides a copy of his DD Form 214, dated 20 February 1970, and a copy of General Orders Number 9815, issued by Headquarters, 1st Cavalry Division, on 16 August 1969, 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 21 February 1968.  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 on 20 February 1970 in the rank/grade of sergeant (SGT)/E-5 and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation.

3.  The applicant's records show that he served in the Republic of Vietnam from on or about 24 July 1968 to on or about 22 July 1969.  He was assigned to Company C, 2nd Battalion (Airmobile), 7th Cavalry Regiment.

4.  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 Vietnamese Cross of Gallantry with Palm Unit Citation, the Air Medal, the Vietnam Service Medal with one bronze service star, the Bronze Star Medal, the Vietnam Campaign Medal with Device (1960), and the Combat Infantryman Badge.  Item 24 does not show award of the Purple Heart.

5.  Headquarters, 1st Cavalry Division, General Orders Number 9815, dated 16 August 1969, awarded the applicant the Purple Heart for wounds received in action on 10 October 1968 in the Republic of Vietnam.

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

7.  Headquarters, 1st Cavalry Division, General Orders Number 1823, dated 15 February 1969, awarded the applicant the Bronze Star Medal with "V" Device for heroism in connection with military operations in the Republic of Vietnam on 5 November 1968.  

8.  Headquarters, U.S. Army Training Center, Infantry, Fort Dix, NJ, Special Orders Number 103, dated 12 April 1968, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

9.  Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Fort Polk, LA, Special Orders Number 160, dated 24 June 1968, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and the First Class Gunner (Sharpshooter) Marksmanship Qualification Badge with Machinegun Bar (M-60).  


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 2nd Battalion, 7th Cavalry, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders 11, dated 1973, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders 42, dated 1972.

11.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive, Phase V (1 July 1968 to                 1 November 1968), the Vietnam Counteroffensive, Phase VI (2 November 1968 to 22 February 1969), the TET 69 Counteroffensive (23 February 1969 to 8 June 1969), and the Summer-Fall 1969 (9 June 1969 to 31 October 1969) 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.

12.  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.

13.  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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to correction of his DD Form 214 to show award of the Purple Heart. 

2.  General orders awarded the applicant the Purple Heart for wounds received in action on 10 October 1968 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 Bronze Star Medal with "V" Device for heroism on 5 November 1968.  His record is void of official orders showing he was awarded two awards of the Bronze Star Medal.  It appears that when his DD 
Form 214 was prepared, it erroneously left the "V" Device off.  Therefore, he is entitled to correction of his DD Form 214 to show the Bronze Star Medal with "V" Device.

4.  General Orders awarded the applicant’s unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which is not shown on his records; therefore, he is entitled to have his records corrected to show these unit awards.

5.  Special orders awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60), which are not shown on his DD Form 214; therefore, he is entitled to have his records corrected to show these badges.

6.  The evidence of record shows the applicant was awarded the Vietnam Service Medal with one bronze service star.  However, his records show the applicant participated in four campaigns while serving in the Republic of Vietnam. Therefore, he is entitled to award of four bronze service stars, instead of one, to be affixed to the Vietnam Service Medal.

7.  The evidence of record confirms that the applicant served honorably during the period 21 February 1968 through 20 February 1970.  He was awarded the Purple Heart, attained the rank of SGT, 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 Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service and correct 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 Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 21 February 1968 through 20 February 1970; 

	b.  deleting from his DD Form 214 the Bronze Star Medal and the Vietnam Service Medal with one bronze service star; and 

	c.  adding to his DD Form 214 the Purple Heart, the Army Good Conduct Medal (1st Award), the Bronze Star Medal with "V" Device, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60), and the Vietnam Service Medal with four bronze service stars.



      _______ _   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)                                         AR20090012795



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ABCMR Record of Proceedings (cont)                                         AR20090012795



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