BOARD DATE:	  24 May 2011

		DOCKET NUMBER:  AR20100028198 


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 reconsideration of his earlier request for award of the Purple Heart through his Member of Congress.

2.  As a new issue, the applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show:

* the Army Commendation Medal and Army Good Conduct Medal
* his rank/grade as specialist five (SP5)/E-5

3.  The applicant states the Purple Heart was not awarded and the DD Form 214 does not show all the awards or the proper rank/grade.

4.  The applicant provides:

* DD Form 214
* orders awarding him the Army Commendation Medal
* orders promoting him to SP5/E-5
* two previously-submitted witness statements
* a previously-submitted letter from the Department of Veterans Affairs (VA)

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090004597 on 13 August 2009 and ABCMR Docket Number AR20100010333 on 30 September 2010.

2.  The applicant did not provide any new evidence or argument with respect to the Purple Heart.  Army Regulation 15-185 (Army Board for Correction of Military Records) sets forth procedures for processing requests for correction of military records.  Paragraph 2-15b governs requests for reconsideration.  This provision of the regulation allows an applicant to request reconsideration of an earlier ABCMR decision if the request is received within 1 year of the ABCMR's original decision and it has not previously been reconsidered.  The ABCMR records show he previously requested reconsideration of ABCMR Docket Number 
AR20090004597 and his request for reconsideration was acted upon in ABCMR Docket Number AR20100010333 on 30 September 2010.  This decision on the request for reconsideration was the final administrative action taken by the Secretary of the Army.  He was advised that there is no further action contemplated by the ABCMR since he not eligible for further reconsideration by this Board.  Therefore, the issue of the Purple Heart will not be discussed in this Record of Proceedings.

3.  His military records show he was inducted into the Army of the United States on 6 March 1968.  At the time of his release from active duty he held military occupational specialty 11E (Armor Crewman).

4.  He served in Vietnam with Company A, 1st Battalion, 69th Armor, 4th Infantry Division, from on or about 1 December 1968 to on or about 30 November 1969.

5.  Special Orders Number 301, issued by Headquarters, 4th Infantry Division, dated 28 October 1969, announced his appointment from the temporary rank/grade of specialist four (SP4)/E-4 to the temporary (T) rank/grade of SP5/
E-5 in MOS 11E effective 15 October 1969.

6.  General Orders Number 6574, issued by Headquarters, 4th Infantry Division, dated 1 November 1969, awarded him the Army Commendation Medal for meritorious service from November 1968 to November 1969.

7.  His records do not contain official orders awarding him the Army Good Conduct Medal.  However, a review of his service record also shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings during his military service.

8.  He was honorably released from active duty on 2 December 1969 and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.  His DD Form 214 shows he completed 1 year, 8 months, and 27 days of creditable active service.  This form also shows in:

	a.  items 5a (Grade, Rate, or Rank), 5b (Pay Grade), and 6 (Date of Rank), the entries "SP4 (T)," "E-4," and "27 Jan 69" [27 January 1969];

	b.  item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* two overseas service bars

	c.  item 30 (Remarks) the entry "Item 5a:  PFC (P) Aptd 13 Oct 68" indicating the permanent (P) grade of private first class was highest permanent grade he held and the date of his appointment into this grade was 13 October 1968.

9.  A review of his records indicates his entitlement to additional awards that are not shown on his DD Form 214.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 1st Battalion, 69th Armor, was cited for awards of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 August 1967 to 38 July 1969 based on Department of the Army General Orders (DAGO) Number 38, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 1 August 1967 to 31 October 1968 based on DAGO Number 53, dated 1970

11.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows during his service in Vietnam, participation credit was awarded for the below campaigns.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign:

* Vietnam Counteroffensive Phase VI – 2 November 1968 to 22 February 1969
* Tet 69 Counteroffensive 1969 – 23 February to 8 June 1969 
* Vietnam Summer-Fall 1969 – 9 June to 31 October 1969
* Vietnam Winter-Spring 1970 – 1 November 1969 to 30 April 1970

12.  Army Regulation 672-5-1 (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.

13.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.

	a.  Items 5a and 5b show the rank/grade in which a member was serving at the time of separation with an indication of permanent or temporary; for example, "MSG (T) [master sergeant, temporary], SP4 (P), etc."

	b.  Item 6 shows the date of rank for the grade shown in item 5a.

		(1)  If the date of rank is different from the date of appointment, enter the date of appointment in item 30 (Remarks).

		(2)  If the grade at the time of separation is not permanent, the permanent grade, date of appointment, and date of rank, if different from date of appointment will be entered in item 30.

	c.  Item 30 is used to complete entries too long for their respective blocks and/or as a cross-reference.  An entry is made in item 30 with respect to the grade as follows: 

		(1)  If the date of appointment is different from the date shown in item 6, enter date of appointment as follows:  "Item 6 – Date of Appointment 15 August 1955."

		(2)  If the grade shown in item 5 is not permanent, enter the permanent grade, date of appointment, and date of rank if different from date of appointment, as follows:  "Item 5 – MSG (P) (E-8), Appointed 1 August 1988" or Item 5 – SP5 (T), Appointed 13 September 1958, Date of Rank 1 August 1958."


DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was appointed to the temporary rank/grade of SP5/E-5 on 15 October 1969.  As soon as he was appointed to the higher rank/grade, his previous rank/grade of SP4/E-4 became permanent.  As such, he is entitled to correction of items 5a, 5b, and 6 to show his rank/grade and date of rank as SP5 (T), E-5, and 15 October 1969, respectively.  He is also entitled to correction of item 30 to show the rank/grade of SP4/E-4 as the highest permanent rank/grade he held and the date of this rank/grade.

2.  General orders awarded him the Army Commendation Medal which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  The evidence of record confirms the applicant served honorably during the period 6  March 1968 through 2 December 1969.  He attained the rank of SP5/
E-5, served in Vietnam, and received "excellent" conduct and efficiency ratings throughout his military service.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service and correct his records to show this award.

4.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic 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.

5.  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.

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 amending his DD Form 214 to:

* award him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 6 March 1968 through 2 December 1969
* delete from items 5a, 5b, and 6 the entries "SP4 (T)," "E-4," and "27 JAN 69" and adding the entries "SP5 (T)," "E-5," and "15 OCT 69" respectively
* add to item 24 the:

* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic Vietnam Civil Actions Honor Medal First Class Unit Citation
* two bronze service stars to be worn on the Vietnam Service Medal

* delete from item 30 the entry "Item 5a:  PFC (P) E-3 Aptd 13 Oct 68"
* add to item 30 the entry "Item 5a:  SP4 (P) E-4 Aptd 27 Jan 69"



      ____________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)                                         AR20100028198



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ABCMR Record of Proceedings (cont)                                         AR20100028198



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