IN THE CASE OF:	  

		BOARD DATE:	  9 November 2010

		DOCKET NUMBER:  AR20100012459 


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 his records be corrected to show his award of the Purple Heart.  

2.  The applicant states he has never received the actual Purple Heart Medal though he did receive the award certificate.

3.  The applicant provides copies of U. S. Army Administration Center Letter Orders Number 07-1018019 and a Purple Heart Award 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 was inducted on 8 January 1968, completed training, and was awarded the military occupational specialty 67N (Aircraft Maintenance Crewman).

3.  An award certificate for the Purple Heart, dated 31 August 1968, shows that the applicant was wounded in action on 30 August 1968.

4.  An endorsement to a request for a hardship discharge, dated 4 October 1968, states that the applicant had been medically evacuated on 6 September 1968.

5.  On 5 November 1968, the applicant was honorably released from active duty in accordance with Army Regulation 635-200, Chapter 6 - hardship, with transfer to the Army Reserve (USAR) Control Group (Annual Training).  It is noted that he was separated based on temporary records.

6.  His DD Form 214 lists his awards as the National Defense Service Medal, Expert Marksmanship Qualification Badge with Rifle Bar, Aircraft Crewman Badge, Vietnam Service Medal, Republic of Vietnam Campaign Medal, and the Armed Forces Expeditionary Medal (Korea).  He had 9 months and 28 days of creditable service with no time lost.

7.  The applicant's DA Form 20 (Enlisted Qualification Record) provides the following:

* promotion to specialist five (E-5) on 31 August 1968;
* service in Vietnam from 13 July 1968 - 11 October 1968 and service in Korea from 12 October 1968 - 3 September 1969
* assignment to:
* the 187th Aviation Company (Vietnam), 21 July 1968 - 3 September 1968
* the 106th General Hospital, 4 September 1968 - 7 October 1968 
* Company B, 2nd Aviation Battalion (Korea), 8 October 1968 - 1 November 1968
* award of the National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Vietnam Service Medal, Air Medal, Purple Heart, and the Exert Marksmanship Qualification Badge with Rifle Bar, 
* the Air Medal was awarded in accordance with Headquarters, 1st Aviation Brigade, General Order Number 5728 
* the Purple Heart was awarded in accordance with Headquarters 12th Evacuation Hospital General Order Number 199
* conduct and efficiency ratings of exclusively "excellent"

8.  The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishment, or court-martials that would suggest he was considered not eligible for award of the Good Conduct Medal.

9.  U. S. Army Administration Center Letter Orders Number 07-1018019, dated 15 July 1970, honorably discharged the applicant from the USAR due to personal hardship.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that while the applicant was assigned to the 187th Aviation Company, it was cited for award of the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

11.  Army Regulation 600-8-22 (Military Awards) states that a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  A silver service star is authorized in lieu of five bronze service stars.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, Appendix B indicates he participated during the one campaign period:  the Counteroffensive Phase V, 1 July 1968 – 1 November 1968.

12.  Army Regulation 672-5-1 (Awards), in effect at the time, stated 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; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  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 states he has never received the actual Purple Heart Medal though he did receive the award certificate.

2.  The applicant's DA Form 20 shows he was awarded the Air Medal and the Purple Heart, neither of these awards are listed on his DD Form 214.  It is appropriate to correct these omissions. 

3.  The applicant qualified on the M-14 as a sharpshooter and was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  This badge is not shown on his DD Form 214.  It is appropriate to correct this omission.

4.  The applicant is shown to have served in during one campaign period in Vietnam and is authorized to wear one bronze service star on his Vietnam Service Medal.  It is appropriate to correct this omission.

5.  The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his combat service, his conduct and efficiency ratings, his personal decorations, and his promotion to E-5.  The record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the Good Conduct Medal for his period of service from 

6.  Based on the above findings and facts it is appropriate to correct the applicant's DD Form 214 to show that he is also authorized the Purple Heart, Air Medal, Valorous Unit Award, Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and to wear one bronze service star on his Vietnam Service Medal. 

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 the applicant the Good Conduct Medal for his period of service from 8 January 1968 through 5 November 1968; and 
	b.  showing that, in addition to the awards listed on the DD From 214, he is also authorized the Purple Heart, Air Medal, Valorous Unit Award, Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and to wear one bronze service star on his Vietnam Service Medal.



      _______ _   _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)                                         AR20100012459





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ABCMR Record of Proceedings (cont)                                         AR20100012459



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