BOARD DATE:	  16 June 2011

		DOCKET NUMBER:  AR20100029847 


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) for the period ending 26 February 1969 to show award of the Purple Heart with 1st Oak Leaf Cluster.

2.  He makes no statement.

3.  He provides a copy of his Purple Heart with 1st Oak Leaf Cluster Certificate, dated 18 June 1969.

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 was inducted into the Army of the United States on 6 March 1968 and successfully completed basic and advanced individual training.  He was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  Special Orders Number 116 issued by the U.S. Army Training Center, Infantry, Fort Bragg, NC, dated 25 April 1968, show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  He arrived in the Republic of Vietnam (RVN) and was assigned to Company A, 1st Battalion, 20th Infantry, 11th Infantry Brigade, on 30 March 1969.

5.  General Orders Number 4766 issued by Headquarters, Americal Division, dated 10 June 1969, show he was awarded the Purple Heart for wounds he received on 8 June 1969 in connection with military operations against a hostile force.

6.  General Orders Number 4806 issued by Headquarters, Americal Division, dated 12 June 1969, show he was awarded the Purple Heart with 1st Oak Leaf Cluster for wounds he received on 10 June 1969 in connection with military operations against a hostile force.

7.  He departed the RVN on or about 25 February 1970.  On 26 February 1970, he was honorably released from active duty in the rank of specialist four (SP4)/
E-4 after completing 1 year, 11 months, and 21 days of creditable active service with no lost time.

8.  His DD Form 214 for the period ending 26 February 1970 shows he was awarded the following:

* National Defense Service Medal
* Purple Heart
* Combat Infantryman Badge
* Vietnam Service Medal
* Vietnam Campaign Medal with Device (1960)

9.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  His records do not contain any adverse information and his DA Form 20 shows his conduct and efficiency ratings as "excellent" throughout his service.

10.  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.

11.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following three campaigns:

* Tet 69 Counteroffensive 1969 (23 February-8 June 1969)
* Vietnam Summer-Fall 1969 (9 June-31 October 1969) 
* Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970)

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of his assignment to the 1st Battalion, 20th Infantry, the unit was cited for the RVN Gallantry Cross with Palm Unit Citation for the period 24 August through 31 December 1969 by Department of the Army General Orders Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was awarded the Purple Heart with 1st Oak Leaf Cluster and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, his DD Form 214 should be amended to show these awards.

2.  He was released from active duty in the rank/grade of SP4/E-4 with 1 year, 11 months, and 21 days of active duty service with no time lost and "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any derogatory information or a commander's disqualification for the first award of the Army Good Conduct Medal.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for the period 6 March 1968 through 26 February 1970 and his record should be corrected to show this award.

3.  He was assigned to a unit during a period of time the unit was awarded the RVN Gallantry Cross with Palm Unit Citation.  His participation in three campaigns entitles him to three bronze service stars to be worn on his already-awarded Vietnam Service Medal.  His DD Form 214 should be amended to show these service stars.

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 6 March 1968 through 26 February 1970;

	b.  deleting the Purple Heart from item 24 of his DD Form 214; and

	c.  amending item 24 of his DD Form 214 by adding the following awards:

* Purple Heart with 1st Oak Leaf Cluster
* Army Good Conduct Medal (1st Award)
* RVN Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* three 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)                                         AR20100029847



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ABCMR Record of Proceedings (cont)                                         AR20100029847



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