BOARD DATE:	  17 February 2011 

		DOCKET NUMBER:  AR20100018942 


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 the dates of his tour in Vietnam be corrected to show that he served from October 1967 through October 1968.  He also requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Purple Heart.

2.  The applicant states the dates of his Vietnam tour are incorrect and his Purple Heart is omitted from his DD Form 214.

3.  The applicant provides excerpts from his military records.

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 was inducted into the Army of the United States on 3 October 1966.  He was awarded the military occupational specialty of 67N (Single Rotor Turbine Helicopter Repairman), served in Vietnam while assigned to the 571st Medical Detachment from 18 November 1967 to
20 September 1968, and was promoted to pay grade E-5.

3.  On 20 May 1968, the applicant was awarded the Air Medal for Valor.  On 5 May 1968, he was awarded the Purple Heart for wounds received on 4 May 1968.

4.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 38 (Record of Assignments), shows he received all "excellent" conduct and efficiency ratings. It also shows his exact dates of service in Vietnam.

5.  On 24 September 1968, the applicant was honorably released from active duty.  The awards and decorations reflected on his DD Form 214 included the Air Medal with 8th Oak Leaf Cluster and Vietnam Service Medal, but not the Good Conduct Medal (GCM) or Purple Heart.  Item 22c, Foreign and/or Sea Service, contains the entry USARPAC (United States Army Pacific), 10 months and 7 days.

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), shows the 571st Medical Detachment was awarded the Meritorious Unit Commendation (MUC) for the period 1 September 1967 to 30 August 1968 by Department of the Army General Order 17.  This publication also shows the pertinent identified campaign periods, for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Those periods are:  Counteroffensive Phase III (1 July 1966 through 29 January 1968); Tet (30 January 1968 through 1 April 1968); Counteroffensive IV (2 April 1968 through 30 June 1968); and Counteroffensive, Phase V (1 July 1968 through 1 November 1968).

7.  Department of the Army General Order Number 8, dated 1974, awarded all personnel assigned to the United States Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

8.  Army Regulation 600-8-22 (Military Awards) provides that the GCM 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.  A record of punishment is not automatically disqualifying.  However, at that time, a single efficiency rating of less than "excellent" was disqualifying. 

9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that when an active duty Soldier is deployed with his or her unit during the period covered by the DD Form 214, an entry will be made in Item 18 to show "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD – YYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Purple Heart by general orders.  As such, it would be appropriate to add this award to his DD Form 214.  

2.  In addition, the applicant is entitled to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the MUC, and four bronze service stars to be worn on his already-authorized Vietnam Service Medal.

3.  The applicant's DD Form 214 shows he was awarded the Air Medal with 
8 OLCs, it does not show that one was for valor.  It would be appropriate to correct this entry to the Air Medal with 8 OLCs and V Device.

4.  The applicant's record shows exemplary, unblemished service.  It appears the GCM was erroneously omitted from his DD Form 214.  It would be appropriate to award him the GCM and add it to his DD Form 214.

5.  The dates of the applicant's service in Vietnam should be entered in Item 30 of 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 GCM for the period 3 October 1966 to 24 September 1968; 

	b.  deleting the "AM w/8OLC from his DD Form 214";

   c.  adding to his DD Form 214 the GCM, Purple Heart, Republic of Vietnam Gallantry Cross with Palm Unit Citation, MUC, four bronze service stars to be worn on his already-awarded Vietnam Service Medal, and the Air Medal with
8 OLCs and V Device; and

	d.  adding the entry ""SERVICE IN VIETNAM FROM 19671118 – 19680920."



      _______ _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)                                         AR20100018942



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ABCMR Record of Proceedings (cont)                                         AR20100018942



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