IN THE CASE OF:	  

		BOARD DATE:	 16 March 2010

		DOCKET NUMBER:  AR20090014922 


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, in effect, that his 1968 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect two awards of the Purple Heart.

2.  The applicant states the awards files were misplaced or lost in the filing system.

3.  The applicant provides a copy of orders awarding him the Purple Heart for wounds sustained on 12 March 1968.

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.  Records available to the Board indicate the applicant enlisted and entered active duty as Regular Army Soldier on 24 September 1965.  Following completion of training he was assigned to a cavalry unit in Germany before being reassigned to Vietnam.

3.  The applicant arrived in Vietnam in May 1967 where he was assigned to the 17th Armored Cavalry Regiment.  In September 1967 he was promoted to pay grade E-5.  His records confirm that he was wounded as a result of hostile action on 6 January 1968 and again on 12 March 1968.  In both instances orders were issued by the treating evacuation hospital confirming award of the Purple Heart.

4.  The applicant departed Vietnam in June 1968.  His conduct and efficiency ratings throughout his military service were "excellent."  On 29 June 1968 he was released from active duty with an honorable characterization of service.  His 
DD Form 214 reflects entitlement to the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, award of two Bronze Star Medals, Army Commendation Medal with “V” Device, Parachutist Badge, two overseas service bars, and the Marksman Marksmanship Qualification Badge (M-14 Rifle).

5.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam.  During the applicant’s tour in Vietnam he participated in three campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 6 May 1965 to 24 September 1970 by Department of the Army General Order Number 51, dated 1971.  That same pamphlet shows that all units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

7.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides 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 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 evidence confirms the applicant is authorized two awards of the Purple Heart for wounds sustained as a result of hostile action while in Vietnam.  His 1968 DD Form 214 should be corrected accordingly.

2.  Records show the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of three bronze service stars to be affixed to the already-awarded Vietnam Service Medal.

3.  The applicant was assigned to a unit that was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  His records should be corrected accordingly.

4.  The evidence of record shows the applicant met the criteria for award of the Army Good Conduct Medal; however, this award is not shown on DD Form 214.  There is no evidence in the records which shows the applicant was disqualified for this award.  The applicant is therefore entitled to award of the Army Good Conduct Medal (First Award), for the period 24 September 1965 to 29 June 1968 and to have it added to his DD Form 214.

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 him the Army Good Conduct Medal for the period 24 September 1965 to 29 June 1968 and
   
   b.   adding to his DD Form 214 the Purple Heart (2nd award), three bronze service stars to be affixed to his already awarded Vietnam Service Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Army Good Conduct 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)                                         AR20090014922



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ABCMR Record of Proceedings (cont)                                         AR20090014922



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