IN THE CASE OF:	  

		BOARD DATE:	  22 June 2010

		DOCKET NUMBER:  AR20090021196 


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) for the period ending 30 October 1969 to show award of the Purple Heart.  He also requests a replacement set of his medals that were destroyed by a tornado.

2.  The applicant states his award of the Purple Heart is not entered on his 
DD Form 214.  He states all of his medals were lost when his home was destroyed by a tornado in 1994.

3.  The applicant provides copies of his DD Form 214 and his Purple Heart Certificate.

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 requests a full replacement of all of his authorized awards. However, the ABCMR does not issue awards.  The applicant is advised that requests for medal sets for previously approved awards should be forwarded to the National Personnel Records Center (NPRC), ATTN: Army Reference Branch, 9700 Page Boulevard, St. Louis, Missouri 63132-5200.  The NPRC will verify the awards to which a retiree/veteran is entitled and forward the request with verification to the appropriate service department for issuance of the medals.  Requests to the NPRC may be submitted via a letter or completing a Standard Form 180 (which can be found at http://www.archives.gov/st-louis/military-personnel/index.html.)  Requests must include a copy of the retiree's/veteran's separation or discharge paperwork and any other supporting documentation to substantiate his request.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The applicant's military personnel records show he was inducted into the Army of the United States on 22 June 1967.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

4.  The applicant was assigned to C Company, 1st Battalion, 14th Infantry from 
10 December 1967 to 24 February 1968 in the Republic of Vietnam.

5.  Headquarters, 4th Infantry Division, General Orders Number 851, dated
29 February 1968, awarded the applicant the Purple Heart for wounds received in connection with military operations against a hostile force in the Republic of Vietnam on 14 February 1968.

6.  The applicant was awarded MOS 63C (Wheeled Vehicle Repairman) on 
23 July 1969.  He was promoted to specialist five (SP5)/E-5 on 23 July 1969.

7.  On 30 October 1969, the applicant was honorably released from active duty.  He had completed 2 years, 4 months, and 9 days of active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show he was awarded the Purple Heart.

8.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  His records do not show indiscipline or time lost and do not contain any adverse information. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service.
9.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed a qualifying period of active duty enlisted service.  This period was each 3 years except in those cases when the period for the first award ended 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.

10.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following two campaigns:

* Vietnam Counteroffensive, Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January 1968 - 1 April 1968) 

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.  This pamphlet shows that during the time of the applicant’s assignment to 1st Battalion, 14th Infantry the unit received the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 - 31 October 1969 by Department of the Army General (DAGO) Orders 53, dated 1970.

12.  Department of the Army Pamphlet 672-3 states all units assigned in Vietnam from 8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his award of the Purple Heart should be entered on his DD Form 214.  He also contends he needs all of his medals reissued.

2.  Orders in the applicant's records show he was awarded the Purple Heart.  Therefore, his DD Form 214 should be corrected to show this award.

3.  The applicant's records do not show indiscipline or lost time, he received "excellent" conduct and efficiency ratings throughout his military service, and he was promoted to SP5/E-5.  As such, the preponderance of evidence shows the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 22 June 1967 to 30 October 1969, ending with termination of a period of Federal military service.  Therefore, his DD Form 214 should be corrected to show this award.

4.  The applicant served in the Republic of Vietnam and participated in two campaigns.  Therefore, his records should be corrected to show two bronze service stars for wear on his already-awarded Vietnam Service Medal.

5.  The applicant served with 1st Battalion, 14th Infantry in the Republic of Vietnam at the time the unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show this unit award.

6.  The applicant served with 1st Battalion, 14th Infantry in the Republic of Vietnam from 10 December 1967 to 24 February 1968.  All units in the Republic of Vietnam were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show this unit 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.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal;

   b.  awarding him the Army Good Conduct Medal for the period of 22 June 1967 to 30 October 1969; and

	c.  adding to item 24 of his DD Form 214 the:

* Purple Heart
* Army Good Conduct Medal (first award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation



      __________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)                                         AR20090021196



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ABCMR Record of Proceedings (cont)                                         AR20090021196



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