IN THE CASE OF:	  

		BOARD DATE:	  27 January 2011

		DOCKET NUMBER:  AR20100018667 


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 Army Commendation Medal with Second Oak Leaf Cluster and "V" Device.

2.  He states, in effect, he was presented the above certificates and medals and they should be added to his DD Form 214.  He did not realize the awards were not on his DD Form 214 until he was notified by the Department of Veterans Affairs.

3.  He provides:

* Purple Heart certificate
* Army Commendation Medal with First and Second Oak Clusters and 
"V" Device award certificates
* Bronze Star Medal 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’s military records show he enlisted in the Regular Army in pay grade E-1 on 9 September 1969, for 2 years.  He completed training and he was awarded military occupational specialty 11B (Light Weapons Infantryman).  

3.  He served in Vietnam from 24 February 1970 through 12 April 1971 during three campaigns.  He was assigned to the 23rd Administrative Company, Replacement Detachment from 24 February to 8 March 1970 and Company E, 4th Battalion, 31st Infantry, 196th Infantry Brigade from 9 March 1970 to 7 April 1971.  

4.  He provided a certificate issued on 19 September 1970 awarding him the Army Commendation Medal with "V" Device for heroism on 1 May 1970.  A review of the Awards and Decorations Computer-Assisted Retrieval System revealed General Orders Number 11467, issued by the Americal Division on     29 August 1970, awarding him this award.

5.  General Orders Number 14877, issued by the Americal Division on 12 November 1970, awarded him the Army Commendation Medal for meritorious achievement from 1 July to 31 October 1970.

6.  General Orders Number 4152, issued by the 23rd Infantry Division on 10 April 1971, awarded him the Purple Heart for wounds received in action on 30 April 1970.

7.  General Orders Number 03028, issued by the 23rd Infantry Division on 18 March 1971, awarded him the Army Commendation Medal with Second Oak Leaf Cluster for meritorious service from April 1970 to March 1971.

8.  He was honorably released from active duty in pay grade E-4 on 12 April 1971, as an overseas returnee, and transferred to U.S. Army Reserve Control Group.

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Bronze Star Medal, the Combat Infantryman Badge, the Republic of Vietnam 

Campaign Medal with 1960 Device, the Army Commendation Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16). 

10.  His record shows he received ratings of "excellent" in conduct and efficiency throughout his period of military service.  

11.  Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying 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.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

12. Army Regulation 600-8-22 also states a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in. 

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant’s unit, 23rd Administrative Company, was awarded the Meritorious Unit Commendation for the period 1 September 1969 to 31 January 1971 based on Department of the Army General Orders Number 32, dated 1973.

14.  Department of the Army Pamphlet 672-3 also shows the applicant’s unit, 4th Battalion, 31st Infantry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation from 31 March to 30 June 1970, based on Department of the Army General Orders Number 6, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was awarded the Purple Heart and Army Commendation Medal with Second Oak Leaf Cluster and "V" Device and these awards are not shown on his DD Form 214.  Therefore, it would be appropriate to correct his DD Form 214 to show these awards.

2.  While in the Army, he attained pay grade E-4, served in Vietnam, and was awarded the Purple Heart and Army Commendation Medal with Second Oak Leaf Cluster and "V" Device for meritorious achievement and heroism.  He also received "excellent" conduct and efficiency ratings throughout his period of 

service.  He is therefore entitled to award of the Army Good Conduct Medal 
(1st Award) for the period 9 September 1969 through 12 April 1971 and to have
it added to his DD Form 214.

3.  The evidence also confirms he participated in three campaigns while serving in Vietnam.  Therefore, he is entitled to award of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

4.  General orders awarded his unit(s) the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to the unit.  Therefore, it would also be appropriate to correct his DD Form 214 to show these unit awards.

5.  In view of the foregoing, his records should be corrected as recommended below.

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 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 Army Good Conduct Medal (1st Award) for his honorable period of service from 9 September 1969 through 12 April 1971;

	b.  adding to his DD Form 214 the Army Good Conduct Medal (1st Award), Purple Heart, Army Commendation Medal with Second Oak Leaf Cluster and "V" Device, three bronze service stars to be affixed to his already-awarded Vietnam Service Medal, Meritorious Unit Commendation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation; and 

   
c.  providing him a document to show the above corrections. 
   



      _______ _   __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)                                         AR20100018667



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ABCMR Record of Proceedings (cont)                                         AR20100018667



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