IN THE CASE OF:	  

		BOARD DATE:	    2 September 2010

		DOCKET NUMBER:  AR20100001256 


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 he was awarded the Purple Heart (First Oak Leaf Cluster).

2.  The applicant states:

* he was in Vietnam  from 9 July 1970 through 18 April 1971
* he was injured on two separate occasions and he earned two Purple Hearts
* in his first injury he received shrap[nel] metal to his head
* in his second injury he was shot in the left leg

3.  The applicant provides a copy of his DD Form 214 and a copy of a Purple Heart Medal (front and back) engraved with his name.

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 18 February 1970 and he completed training in military occupational specialty 13A (field artillery basic).

3.  Special Orders Number 102, issued by Headquarters, U.S. Army Training Center, Fort Campbell, KY, dated 13 April 1970, awarding the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar for qualifying with the M-16 rifle.

4.  He arrived in Vietnam on 9 July 1970, assigned to C Battery, 5th Battalion, 16th Artillery.  While in Vietnam, General Orders Number 36, issued by Headquarters, 52nd Artillery Group, dated 8 December 1970, awarded the applicant the Purple Heart (First Oak Leaf Cluster) for wounds received in action on 21 November 1970.  These orders denote the second award of the Purple Heart.

5.  On 18 October 1971, the applicant was honorably released from active duty (REFRAD).  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the following:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* One Overseas Service Bar
* Army Commendation Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

7.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service.  His records contain no derogatory information or a commander's disqualification that would have disqualified him from being awarded the first award of the Army Good Conduct Medal.

8.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, provides that the 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.

9.  Army Regulation 600-8-22, 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 Vietnam Counteroffensive Phase VII campaign that extended from 1 July 1970 - 30 June 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was awarded the Purple Heart (First Oak Leaf Cluster).

2.  His records contain General Orders Number 36, dated 8 December 1970, that awarded him the Purple Heart (First Oak Leaf Cluster) for wounds received in action in Vietnam on 21 November 1970.  Therefore, his DD Form 214 should be corrected to show this award.

3.  Records show the applicant received "excellent" conduct and efficiency ratings throughout his service.  There is also no evidence of any disciplinary actions or a commander's disqualification for the Army Good Conduct Medal.  Therefore, having served a qualifying period, he is entitled to award of the Army Good Conduct Medal (First Award) and correction of his DD Form 214 to show this award.

4.  Records also show he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar for qualifying with the M-16 rifle.  Therefore, his DD Form 214 should be corrected accordingly.

5.  The applicant participated in one campaign phase during his tour in Vietnam.  Therefore, he is entitled to one bronze service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show the bronze service star.

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 (First Award) for the period 18 February 1970 through 18 October 1971; and

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

* Purple Heart (First Oak Leaf Cluster)
* Army Good Conduct Medal (First Award)
* Vietnam Service Medal with one bronze service star
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)



      ___________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)                                         AR20100001256



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)