BOARD DATE: 26 April 2011
DOCKET NUMBER: AR20100024317
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 add the Purple Heart.
2. The applicant states his Purple Heart isn't shown on his DD Form 214.
3. The applicant provides copies of his DD Form 214, a Western Union telegram, and a newspaper article.
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 16 November 1965, was awarded the military occupational specialty of automatic weapons crewman, served in Vietnam from 20 October 1966 to 16 September 1967, and was promoted to pay grade E-4.
3. On 10 March 1967, a Western Union telegram was sent to the applicant's parents telling them the applicant was wounded as a result of hostile action and that he sustained a laceration and first-degree burns on his face as a result of a hostile mortar round.
4. On 7 March 1967, the Commanding General, Fleet Marine Force, Pacific, awarded the applicant the Purple Heart. A memorandum was issued the following day to confirm the Purple Heart was awarded to the applicant.
5. The applicant's DA Form 20 (Enlisted Qualification Record) shows the applicant's wound and shows his conduct and efficiency were always rated as "excellent." His records do not contain any evidence of disciplinary action being taken against him.
6. He was honorably released from active duty on 17 September 1967. His DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Campaign Medal, Vietnam Service Medal, and Expert Marksmanship Qualification Badge with Rifle Bar.
7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the applicant's unit was awarded the Presidential Unit Citation (PUC) for the period 27 November 1966 to 15 September 1967, a period which included the dates the applicant was assigned to that unit. This pamphlet also shows the pertinent identified campaigns for which a bronze service star is authorized for wear on the Vietnam Service Medal. These campaigns are the Counteroffensive Phase II (1 July 1966 through 31 May 1967) and Counteroffensive Phase III (1 June 1967 through 29 January 1968).
8. Department of the Army General Orders Number 8, dated 1974, awarded all units assigned to U.S. Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
9. Army Regulation 600-8-22 (Military Awards) provides that 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. A record of punishment is not automatically disqualifying. However, at that time, a single efficiency rating of less than "excellent" was disqualifying. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond. At that time, nonfavorable consideration was normally noted on the DA Form 20.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the Purple Heart for wounds incurred on 7 March 1967. It would now be appropriate to add that decoration to his DD Form 214.
2. Based on his service in Vietnam, he is entitled to the PUC, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars to be affixed to his already-authorized Vietnam Service Medal.
3. The applicant's military records contain no evidence of disciplinary action being taken against him and his conduct and efficiency were consistently rated as "excellent." Therefore, it must be presumed that his failure to be awarded the Army Good Conduct Medal was an administrative oversight. It would be proper and just to now award him 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 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 16 November 1965 to 17 September 1967 and
b. amending his DD Form 214 to add the Purple Heart, Army Good Conduct Medal (1st Award), PUC, Republic of Vietnam Gallantry Cross with Palm Unit
Citation, and two bronze service stars to be affixed to his already-authorized 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.
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