IN THE CASE OF:	  

		BOARD DATE:	    28 April 2011

		DOCKET NUMBER:  AR20100025376 


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 (Report of Transfer or Discharge) to show award of the Purple Heart.

2.  The applicant states, in effect, his DD Form 214 does not show the Purple Heart which will cause complications later for medical treatment and benefits by the Department of Veterans Affairs.

3.  The applicant provides:

* DD Form 214
* Orders for the Purple Heart

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.  He was inducted into the Army of the United States on 16 January 1968.  He arrived in Vietnam on 12 June 1968.  He served as a cook while assigned to Company D, 2nd Battalion, 8th Infantry of the 4th Infantry Division in Vietnam from 24 June 1968 through 9 June 1969.  On 15 January 1970, he was released from active duty in the temporary rank of specialist four after completing 2 years of creditable active service with no time lost.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), two Overseas Service Bars, and Expert Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16) as authorized awards.

4.  Orders, dated 26 September 1968, show he received the Purple Heart for wounds received in action on 25 September 1968 in Vietnam.

5.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

6.  Records show he participated in five campaigns during his assignment in Vietnam.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the applicant's unit at the time of his assignment was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Order (DAGO) 3, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO 53, dated 1970

8.  Army Regulation 672-5-1 (Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that 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 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.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.
9.  Army Regulation 600-8-22 (Military Awards) authorizes award of a bronze service star based on qualifying service for each campaign listed in appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, including the Vietnam Service Medal.  A silver service star is authorized in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  Orders show he received the Purple Heart for wounds received in action on 25 September 1968 in Vietnam.  His DD Form 214 should be corrected to show this award.

2.  He was released from active duty in the temporary rank of specialist four with 
2 years of creditable active service with no time lost.  His records also show he received "excellent" conduct and efficiency ratings through his service with no disciplinary action or a commander's disqualification.  It appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 16 January 1968 through 15 January 1970 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  His DD Form 214 should be corrected to show this award.

3.  He participated in five campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with one silver service star.  His DD Form 214 should be corrected to show his authorized silver service star.

4.  His unit was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the time he was assigned to it.  His DD Form 214 should be corrected to show these unit awards.

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 first award of the Good Conduct Medal for the period 
16 January 1968 through 15 January 1970; and

	b.  adding the Purple Heart, Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and one silver service star for wear on his already-awarded Vietnam Service Medal to item 24 of his  DD Form 214.      



      __________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)                                         AR20100025376





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ABCMR Record of Proceedings (cont)                                         AR20100025376



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