IN THE CASE OF:	

		BOARD DATE:	  21 December 2010

		DOCKET NUMBER:  AR20100016555 


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 Purple Heart and the Army Commendation Medal.

2.  The applicant states he was applying for Department Veterans Affairs benefits and realized these awards were not listed on his DD Form 214.

3.  The applicant provides his DD Form 214.

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's records show he was inducted into the Army of the United States on 25 August 1966.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 91B (Medical Corpsman).

3.  He served in the Republic of Vietnam (RVN) from 17 February 1967 to 11 February 1968 while assigned to Headquarters, 2nd Battalion, 8th Infantry.

4.  His records contain General Orders Number 60, Headquarters, 67th Evacuation Hospital, dated 15 March 1967, wherein he is awarded the Purple Heart for wounds received in action on 14 March 1967.

5.  His records also contain General Orders Number 569, Headquarters, 4th Infantry Division, dated 7 February1968, wherein he is awarded the Army Commendation Medal for meritorious service from February 1967 to February 1968.

6.  He was honorably released from active duty in the rank/grade of specialist five (SP5)/E-5 on 23 August 1968 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining Reserve obligation.  He completed a total of 1 year, 11 months, and 28 days of creditable active service with 1 day of lost time.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and Combat Medical Badge.

8.  His record reveals he received nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice, on 13 September 1966 for being absent from his unit without proper authority for 1 day.  However, item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his military 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 completed a qualified period of active duty enlisted service.  This period was 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) states that a bronze service star is authorized for wear on the Vietnam Service Medal for each campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following three campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967)
* 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) shows that at the time of his assignment to the 2nd Battalion, 8th Infantry, this unit was cited for the following awards:

* RVN Gallantry Cross with Palm Unit Citation for the period October 1966-July 1969 by Department of the Army General Orders Number 3, dated July 1971
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966-31 October 1969 by Department of the Army General Orders Number 53, dated 1970
.
DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Purple Heart and the Army Commendation Medal which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  General orders awarded his unit the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation while he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

3.  The evidence of record shows he served honorably from 26 August 1966 through 28 May 1968.  He served in Vietnam, received "excellent" conduct and efficiency ratings throughout his military service, and attained the rank/grade of SP5/E-5.  Except for a single nonjudicial punishment for what appears to be a minor infraction, his record is void of any other derogatory that would have disqualified him from receiving his first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of a qualifying period of Federal military service and correct his records to show this award.

4.  His records show he was awarded the Vietnam Service Medal and that he participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to three bronze service stars to be affixed to his already-awarded Vietnam Service Medal and correction of his records 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 the evidence presented is 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 (1st Award) for the period 25 August 1966 through 23 August 1968 and

	b.  adding to item 24 of his DD Form 214 the Purple Heart, Army Commendation Medal, Army Good Conduct Medal (1st Award), three bronze service stars to be added to his already-awarded Vietnam Service Medal, RVN Gallantry Cross with Palm Unit Citation, and RVN 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)                                         AR20100016555



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ABCMR Record of Proceedings (cont)                                         AR20100016555



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