IN THE CASE OF:	  

		BOARD DATE:	  3 August 2010

		DOCKET NUMBER:  AR20100001225 


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 Army Good Conduct Medal and two awards of the Presidential Unit Citation.  He also requests the entry "Pupple Heart" as shown on his DD Form 214 be corrected to show "Purple Heart."

2.  The applicant states the above entries were omitted in error upon his discharge in 1968.

3.  The applicant provides a copy of his DD Form 214 in support of his application.

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 was inducted into the Army of the United States on 13 October 1966.  He served as a light weapons infantryman assigned to Company A, 1st Battalion, 8th Infantry, 4th Infantry Division, in Vietnam from 24 April 1967 through 27 March 1968.  On 11 October 1968, the applicant was released from active duty in the temporary rank of sergeant after completing 1 year, 11 months, and 29 days of creditable service with no lost time.

3.  The applicant's DD Form 214 shows the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal with two bronze service stars, Combat Infantryman Badge, "Pupple Heart," two overseas service bars, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) as authorized awards.

4.  Orders, dated 18 November 1967, show the applicant received the Purple Heart for wounds received in action on 12 November 1967 in Vietnam.

5.  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 show he received conduct and efficiency ratings of "excellent" throughout his service.

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows 1st Battalion, 8th Infantry, was awarded the Presidential Unit Citation for actions during the period 18-26 May 1967 based on Department of the Army General Orders (DAGO) Number 69, dated 1969.  This unit was cited for a second award of the Presidential Unit Citation for actions during the period 29 October 1967 to 30 November 1967 based on DAGO Number 38, dated 1971.

7.  Department of the Army Pamphlet 672-3 shows 1st Battalion, 8th Infantry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO Number 3, dated 1970.

8.  Department of the Army Pamphlet 672-3 also shows 1st Battalion, 8th Infantry, was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on DAGO Number 53, dated 1970.

9.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was separated in the temporary rank of sergeant with almost 2 years of creditable active service with no time lost.  It appears the applicant met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 13 October 1966 through 11 October 1968 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, his DD Form 214 should be corrected to show this award.

2.  The applicant's unit was cited for two awards of the Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show these unit awards.

3.  Orders show the applicant received the Purple Heart.  His DD Form 214 incorrectly shows the entry "Pupple Heart" instead of "Purple Heart."  Therefore, it would be appropriate to correct this entry on 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 first award of the Army Good Conduct Medal for the period 13 October 1966 through 11 October 1968; 

	b.  adding the Army Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two awards of the Presidential Unit Citation to his DD Form 214; and 

	c.  deleting the entry "Pupple Heart" from his DD Form 214 and replacing it with "Purple Heart."



      __________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)                                         AR20100001225



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ABCMR Record of Proceedings (cont)                                         AR20100001225



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