IN THE CASE OF:	  

		BOARD DATE:	  8 April 2010

		DOCKET NUMBER:  AR20090015685 


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 and that he is a high school graduate.

2.  The applicant states his DD Form 214 shows he had a general education development (GED) diploma instead of a high school diploma.  Additionally, this form does not list his Purple Heart.

3.  The applicant provides a copy of General Orders Number 1815 and a certificate, dated 31 January 1971, awarding him 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.  Prior to his induction, the applicant completed a DD Form 398 (Statement of Personal History) on 4 May 1970 wherein he indicated that he attended Amphitheater High School, Tucson, AZ, from 1965 to 1969 and graduated from high school.

3.  He was inducted into the Army of the United States and entered active service on 13 May 1970.  Item 10 (Education) of his DD Form 47 (Record of Induction) shows he completed 11 years of civilian education.  He completed basic combat and advanced individual training and he was initially awarded military occupational specialty 11D (Armor Reconnaissance Specialist).

4.  Item 32 (Civilian Education) of his DA Form 20 (Enlisted Qualification Record), which was created upon his induction and reviewed by him at a later date, shows he was awarded a high school diploma from Amphitheater High School, Tucson, AZ, in 1969.

5.  His records also show he served in the Republic of Vietnam from on or about 28 October 1970 to on or about 27 October 1971.  He was assigned to Company D, 227th Aviation Battalion, as a door-gunner from on or about 10 November 1970 to on or about 20 March 1971.  He was also assigned as a scout observer to Troop B, 1st Squadron, 9th Cavalry, from on or about 20 March 1971 to on or about 27 October 1971.

6.  He was honorably released from active duty on 23 December 1971 in the rank/grade of sergeant (SGT)/E-5 and he was transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his Reserve obligation.

7.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Aircraft Crewman Badge, Vietnam Service Medal, Army Commendation Medal, and Bronze Star Medal.  Item 24 does not show award of the Purple Heart.

8.  Item 30 (Remarks) of his DD Form 214 shows he was a high school graduate as a result of a GED.

9.  Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 1815, dated 31 January 1971, awarded him the Purple Heart for wounds received in action on 23 January 1971.

10.  A review of his records indicates his entitlement to additional awards and decorations that are not shown on his DD Form 214.

11.  Headquarters, 1st Cavalry Division (Airmobile), issued the following orders:

	a.  General Orders Number 28, dated 7 May 1971, awarding him the Combat Infantryman Badge on 1 May 1971.

	b.  General Orders Number 6074, dated 21 March 1971, awarding him the Air Medal with "V" Device for heroism while participating in aerial flight in the Republic of Vietnam on 18 January 1971.

	c.  General Orders Number 2995, dated 15 February 1971, awarding him the Army Commendation Medal for meritorious achievement in connection with ground operations against a hostile force while assigned to Company D, 227th Aviation Battalion, from 1 February 1971 to 31 March 1971.

	d.  General Orders Number 7852, dated 11 April 1971, awarding him the Army Commendation Medal for meritorious achievement in connection with ground operations against a hostile force while assigned to Troop B, 1st Squadron, 9th Cavalry, from 22 February 1971 to 24 March 1971.

12.  Headquarters, U.S. Army Training Center and Fort Lewis, Fort Lewis, WA, Special Orders Number 191, dated 10 July 1970, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

13.  Headquarters, 2nd Advanced Individual Training Brigade, Fort Knox, KY, issued the following orders:

	a.  Special Orders Number 167, dated 13 August 1970, awarding him the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60).

	b.  Special Orders Number 184, dated 4 September 1970, awarding him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

14.  A review of his 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.

15.  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.  

16.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

	b.  The Vietnam Campaign Medal, correctly known as the Republic of Vietnam Campaign Medal with Device (1960), was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

	c.  Appendix B shows during the applicant's tenure of service in the Republic of Vietnam he participated in the following campaigns:  the Vietnam Counteroffensive Phase VII (1 July 190 to 30 June 1971) and the Consolidation I (1 July 1971 to 30 November 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.

17.  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 Troop B, 1st Squadron, 9th Cavalry, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 21 February 1970 to 28 February 1971, based on Department of the Army General Orders Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart and completion of high school.

2.  General orders awarded him the Purple Heart for wounds received in action and the Air Medal with "V" Device for heroism while participating in aerial flight in the Republic of Vietnam, neither of which is shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  General orders awarded him two awards of the Army Commendation Medal for meritorious achievement, one of which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show two awards of the Army Commendation Medal.

4.  Special orders awarded him the Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these badges.

5.  The evidence of record shows he served in the Republic of Vietnam from on or about 28 October 1970 to on or about 27 October 1971; therefore, he served a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960) and is entitled to correction of his records to show this award.

6.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his records; therefore, he is entitled to correction of his records to show this unit award.

7.  The evidence of record shows he was awarded the Vietnam Service Medal.  Additionally, 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 already-awarded Vietnam Service Medal.

8.  The evidence of record confirms he served honorably from 13 May 1970 through 23 December 1971.  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 SGT/E-5, and received multiple combat awards.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award him 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.

9.  The evidence of record shows he served in the Regular Army between 1 January 1961 and 14 August 1974.  Therefore, he served a qualifying period for award of the National Defense Service Medal and is entitled to correction of his records to show this award.

10.  The available evidence shows he attended Amphitheater High School, Tucson, AZ, and completed high school in 1969.  His DA Form 20 confirms it.  Therefore, his DD Form 214 should also be corrected to show he graduated from high school.
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 the DD Form 214 of the individual concerned be corrected by:

	a.  deleting the entry "Civilian Education:  HS GED" from item 30 of his DD Form 214 and adding the entry "Civilian Education:  HS Graduate";

	b.  awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 13 May 1970 through 23 December 1971; 

	c.  deleting the Army Commendation Medal from item 24 of his DD Form 214; and

	d.  adding the Purple Heart, Air Medal with "V" Device, Army Commendation Medal (1st Oak Leaf Cluster), Army Good Conduct Medal (1st Award), Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Rifle Bar 
(M-14), Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60), Marksman Marksmanship Qualification Badge with Rifle Bar 
(M-16), National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal to his DD Form 214.



      ___________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)                                         AR20090015685



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ABCMR Record of Proceedings (cont)                                         AR20090015685



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