IN THE CASE OF:	  

		BOARD DATE:	    10 March 2011

		DOCKET NUMBER:  AR20100023047 


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.

2.  The applicant states he sustained a combat wound in Vietnam in 1968 and he is currently receiving disability compensation.

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 enlisted in the Regular Army for a period of 2 years on 8 December 1967 and he held military occupational specialty 11B (Light Weapons Infantryman).  

3.  He served in the Republic of Vietnam with Company B, 2nd Battalion, 8th Cavalry Regiment, from on or about 21 May 1968 to on or about 18 May 1969.

4.  He was honorably released from active duty on 5 December 1969 in the rank/grade of specialist four (SP4)/E-4 and transferred to the U.S. Army Reserve Control Group to complete his remaining Reserve obligation.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Combat Infantryman Badge
* Two Overseas Service Bars
* 1st Class Gunner with Rifle Bar (M-16)
* Air Medal
* Vietnam Service Medal
* Vietnam Campaign Medal with 1960 Device
* 1st Class Gunner with Machinegun Bar (M-60)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Bronze Star Medal

6.  General Orders Number 286, issued by Headquarters, 67th Evacuation Hospital, dated 30 September 1968, awarded him the Purple Heart for wounds received in action on 27 September 1968.

7.  A review of the applicant's records shows entitlement to additional awards and decorations that are not shown on his DD Form 214.

8.  A review of the applicant's service record shows no derogatory information that would disqualify him for the Army Good Conduct Medal (1st Award).  Furthermore, item 38 of his DA Form 20 shows he received "excellent" conduct and efficiency ratings during his military service, with the exception of an unknown rating on 17 October 1968 while a patient at a hospital.

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.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows, during period of his service in Vietnam, the 2nd Battalion, 8th Cavalry, was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on service from 9 August 1965 to 19 May 1969, based on Department of the Army General Orders Number 59, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for service from 1 January 1969 to 1 February 1970, based on Department of the Army General Orders Number 42, dated 1972

11.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows participation credit was awarded for the Vietnam Counteroffensive, Phase IV (2 April 1968 to 30 June 1968), Vietnam Counteroffensive Phase V (1 July 1968 to 1 November 1968), Vietnam Counteroffensive Phase VI (2 November 1968 to 22 February 1969), and TET 69 Counteroffensive (23 February 1969 to 8 June 1969) campaigns during the applicant's tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Purple Heart for wounds received in action on 26 September 1968 in Vietnam which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show it.

2.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his records; therefore, he is entitled to correction of his records to show these unit awards.

3.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, he participated in four campaigns while serving in the Republic of Vietnam; therefore, he is entitled to four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

4.  The evidence of record confirms the applicant served honorably during the period 8 December 1967 through 5 December 1969.  He attained the rank of SP4/E-4, served in Vietnam, received multiple combat awards, and he received "excellent" conduct and efficiency ratings throughout his military service (except while in a patient status).  Absent any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the Army Good Conduct Medal (1st Award) based on completion of qualifying service ending with the termination of a period of Federal military service and to correct his DD Form 214 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:

* awarding the applicant the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 8 December 1967 through 5 December 1969
* adding to his DD Form 214 the:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Four bronze service stars to be worn on his already-awarded 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)                                         AR20100023047



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ABCMR Record of Proceedings (cont)                                         AR20100023047



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