IN THE CASE OF:	  

		BOARD DATE:	  7 April 2011

		DOCKET NUMBER:  AR20100022466 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Purple Heart (2nd Award) and the Combat Infantryman Badge.

2.  The applicant states his DD Form 214 only shows one award of the Purple Heart and does not show the Combat Infantryman Badge.

3.  The applicant provides orders for the Purple Heart and Army Commendation Medal.

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.  On 4 January 1967, the applicant enlisted in the Regular Army and upon completion of initial entry training he was awarded military occupational specialty (MOS) 11C (Indirect Fire Infantryman).

3.  Headquarters, Fort Polk, LA, Special Orders Number 045, dated 17 February 1967, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  Headquarters, 4th Battalion, 10th Infantry Special Orders Number 103, dated 
20 July 1967, awarded him the Marksman Marksmanship Qualification Badge with Recoilless Rifle Bar.

5.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 1 December 1967 to 
22 November 1968.  Item 38 (Record of Assignments) shows he served with Company A, 1st Battalion, 28th Infantry while in the RVN.  Item 38 also shows he received "excellent" conduct and efficiency ratings during all of his active duty assignments.

6.  His official military personnel file (OMPF) is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the Army Good Conduct Medal.

7.  Headquarters, 1st Infantry Division Special Orders Number 22, dated 
22 January 1968, awarded him the Combat Infantryman Badge.

8.  Headquarters, 1st Infantry Division General Orders Number 10248, dated 
26 September 1968, awarded him the Purple Heart for wounds received in connection with military operations against a hostile force on 15 September 1968.

9.  On 25 November 1968, he was honorably released from active duty in the rank of specialist four/E-4 after completing 1 year, 10 months, and 22 days of active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows:

* National Defense Service Medal
* Vietnam Campaign Medal
* Purple Heart
* Vietnam Service Medal
* Bronze Star Medal with "V" Device

10.  After a break in service, he again enlisted in the Regular Army on 20 July 1970 in MOS 11C.  On 22 December 1970, he was released from active duty for the purpose of immediate reenlistment.  He was issued a DD Form 214 for this period of service which shows in item 24 that he did not earn any awards during this period of service.  On 23 December 1970, he reenlisted for 4 years.

11.  A second DA Form 20 shows in item 31 that he served a second tour of duty in the RVN from 7 October 1971 to 19 January 1972.  Item 38 of this DA Form 20 shows he served with A Company, 1st Battalion, 327th Infantry during his second tour of duty in the RVN.

12.  Headquarters, 95th Evacuation Hospital General Orders Number 268, dated 3 November 1971, awarded him the Purple Heart for wounds received in action on 2 November 1971.

13.  On 29 June 1971, he was discharged for the purpose of immediate reenlistment.  He was issued a DD Form 214 for this period of service which does not show any awards in item 24.  On 30 June 1971, he reenlisted for 
5 years.

14.  Headquarters, U.S. Army Garrison, Okinawa, General Orders Number 262, dated 20 September 1974, awarded him the Army Good Conduct Medal for the period 20 July 1970 to 19 July 1973.

15.  He was discharged on 25 June 1976.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for this period of service shows:

* Army Good Conduct Medal
* Purple Heart
* Bronze Star Medal with "V" Device
* Army Commendation Medal 
* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars (two campaigns)
* Vietnam Campaign Medal with Device 1960
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

16.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal and states that a bronze service star is authorized with this award for each RVN campaign a member is credited with participating in.  A silver service star is authorized in lieu of five bronze service stars.  Appendix B of this regulation contains the campaigns for the RVN conflict and shows he participated in the following campaigns during two tours of duty in the RVN:

* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Consolidation I (1 July - 30 November 1971)
* Consolidation II (1 December 1971 - 29 March 1972)

17.  Army Regulation 672-5-1 (Military 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 the 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.

18.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 1st Battalion, 28th Infantry was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1965 to 7 April 1970 by Department of the Army General Orders Number 53, dated 1970.

19.  Army Regulation 635-5 (Separation Documents), in effect at the time, stated that item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) covered all active Army service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the Purple Heart (2nd Award) and the Combat Infantryman Badge.

2.  Orders show he was awarded the Purple Heart on 26 September 1968 and the second award of the Purple Heart on 3 November 1971; however, his
DD Form 214 for the period ending 25 June 1976 only reflects one award of the Purple Heart.  Therefore, he is entitled to correction of his DD Form 214 to show the Purple Heart (2nd Award).



3.  Orders also show he was awarded the Combat Infantryman Badge, the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), and the Marksman Marksmanship Qualification Badge with Recoilless Rifle Bar.  These awards should also be added to his last DD Form 214.

4.  He was awarded the Vietnam Service Medal.  Additionally, he participated in six campaigns during two tours of duty in the RVN; therefore, he is entitled to one silver service star and one bronze service star to be affixed to his Vietnam Service Medal and correction of his DD Form 214 to reflect these awards.

5.  Based on his service with the 1st Battalion, 28th Infantry while in the RVN, he is also entitled to correction of his last DD Form 214 to show the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

6.  The evidence of record confirms he received "excellent" conduct and efficiency ratings during all his active duty assignments for his first period of active service and that his OMPF is void of derogatory information or a unit commander disqualification that would have precluded him from receiving the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for qualifying honorable active service from 4 January 1967 through 25 November 1968.  He was awarded the Army Good Conduct Medal for the period 20 July 1970 to 19 July 1973.  As a result, his DD Form 214 should further be corrected to show two awards of the Army Good Conduct 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 him the Army Good Conduct Medal (1st Award) for his period of honorable active service from 4 January 1967 through 25 November 1968;
	b.  deleting from item 26 of his DD Form 214 for the period ending 25 June 1976 the Army Good Conduct Medal, Purple Heart, and the Vietnam Service Medal with two bronze service stars; and 

	c.  adding to item 26 of his DD Form 214 for the period ending 25 June 1976 the Purple Heart (2nd Award), Army Good Conduct Medal (2nd Award), Vietnam Service Medal with one silver service star and one bronze service star, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Combat Infantryman Badge, and the Marksman Marksmanship Qualification Badge (Rifle M-14) and the Recoilless Rifle Bar.




      __________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)                                         AR20100022466



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ABCMR Record of Proceedings (cont)                                         AR20100022466



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