BOARD DATE:	  10 June 2010

		DOCKET NUMBER:  AR20090020261 


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 two awards of the Purple Heart and to show the Army Good Conduct Medal.

2.  The applicant states that his DD Form 214 does not show the second award of the Purple Heart or the Army Good Conduct Medal.

3.  The applicant provides, in support of his application, copies of his two Purple Heart award certificates.

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.  On 4 August 1966, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  Special Orders Number 266, United States Army Training Center and Fort Leonard Wood, Missouri, dated 23 September 1966, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar.

4.  On 15 February 1967, the applicant departed Fort Carson, Colorado, for duty in the Republic of Korea.  On 24 February 1967, he was assigned as a scout driver with the 2nd Battalion, 38th Infantry Regiment.

5.  On 1 August 1967, the applicant departed the Republic of Korea for duty in the Republic of Vietnam.  On 5 August 1967, he was assigned for duty as a machine gunner with the 1st Battalion, 5th Infantry Regiment.

6.  The applicant's DA Form 20 (Enlisted Qualification Record) shows:

	a.  Item 33 (Appointments and Reductions) - promotion to sergeant, pay grade E-5, on 1 March 1968;

	b.  Item 38 (Record of Assignments) - conduct and efficiency ratings all "excellent"; and

	c.  Item 40 (Wounds) - shrapnel left leg 16 December 1967; and fragment wound left upper arm 9 May 1968.

7.  General Orders Number 3537, 25th Infantry Division, dated 12 May 1968, awarded the applicant the Purple Heart with First Oak Leaf Cluster for wounds received on 9 May 1968.

8.  On 21 July 1968, the applicant departed the Republic of Vietnam and returned to the United States.

9.  On 24 July 1968, the applicant was released from active duty.  He had attained the rank of sergeant, pay grade E-5, and had completed 1 year, 
11 months, and 21 days of creditable active duty.

10.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Campaign Medal, Purple Heart, Vietnam Service Medal, Bronze Star Medal, and the Combat Infantryman Badge.
11.  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal.

12.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had 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.

13.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following four campaign periods: the Vietnam Counteroffensive, Phase III; the Tet Counteroffensive; the Vietnam Counteroffensive, Phase IV; and the Vietnam Counteroffensive, Phase V.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 1st Battalion, 5th Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 48, dated in 1971, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and in DAGO Number 51, dated in 1971 as amended by DAGO Number 9, dated in 1979, for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

15.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Korea Defense Service Medal (KDSM).  The KDSM was authorized by Section 543, National Defense Authorization Act, 2003.  It is authorized for award to members of the armed forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The area of eligibility and the period of eligibility are as follows: a) service members of the armed forces must have served in support of the defense of the Republic of South Korea from 
28 July 1954 through a future date to be determined by the Secretary of Defense; b) the area of eligibility encompasses all land area of the Republic of South Korea, and the contiguous water out to 12 nautical miles, and all air spaces above the land and water areas; c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility for 30 consecutive or 60 non-consecutive days.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of two Purple Hearts and the Army Good Conduct Medal.

2.  The evidence of record and general orders clearly show that the applicant was twice wounded in action and awarded the Purple Heart with an Oak Leaf Cluster.  Therefore, his DD Form 214 should be corrected to add the second Purple Heart.

3.  The applicant’s records clearly show that he distinguished himself in the performance of his military service.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

4.  The applicant’s unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards.

5.  Records show that the applicant participated in four campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of four bronze service stars to be affixed to his Vietnam Service Medal.

6.  Records show that the applicant served during a qualifying period for award of the Korea Defense Service Medal.  Therefore, his records should be corrected to show this award.

7.  Special orders show that the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar.  Therefore, his records should be corrected 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 him the Army Good Conduct Medal for the period 4 August 1966 to 24 July 1968; and

	b. showing that, in addition to the awards already shown on his DD Form 214, his authorized awards include an Oak Leaf Cluster to be affixed to his already-awarded Purple Heart, Army Good Conduct Medal, four bronze service stars to be affixed to his already-awarded Vietnam Service Medal, Korea Defense Service Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Marksman Marksmanship Qualification Badge with Rifle Bar.



      _______ _   __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)                                         AR20090020261





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ABCMR Record of Proceedings (cont)                                         AR20090020261



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