BOARD DATE:	  9 August 2011

		DOCKET NUMBER:  AR20110001806 


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 two awards of the Purple Heart. 

2.  The applicant states the error appears to be an oversight. 

3.  The applicant provides:

* DD Form 214
* Orders awarding him the Purple Heart (1st Oak Leaf Cluster)
* Certificate showing award of 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.  The applicant's records show he was inducted into the Army of the United States on 21 September 1966 and he held military occupational specialty 13A (Cannoneer).  He served in Vietnam with Headquarters and Headquarters Battery, 1st Battalion, 77th Artillery, from on or about 30 November 1967 to 8 September 1968.

3.  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 9 September 1968 and he was transferred to the U.S. Army Reserve to complete his remaining service obligation.  He completed 1 year, 
11 months, and 19 days of creditable active service with no lost time.

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

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Vietnam Campaign Medal
* Vietnam Service Medal
* One overseas service bar
* Army Commendation Medal
* Silver Star

5.  On 12 October 1968, Headquarters, 1st Cavalry Division, published General Orders Number 13066 awarding him the Purple Heart (1st Oak Leaf Cluster) for wounds received in action in Vietnam on 4 May 1968.

6.  He provides a certificate that shows he was awarded the Purple Heart for wounds received in action in Vietnam on 4 May 1968.

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

8.  His records show he accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice on 10 July 1967 for disobeying a lawful order.  However, aside from this NJP, there is no other derogatory information in his file that would have disqualified him from receiving the Army Good Conduct Medal (1st Award).  Additionally, Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his period of service.  


9.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, stated 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; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his period of service in Vietnam, the 1st Battalion, 77th Artillery was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 9 August 1965 to 19 May 1969, based on Department of the Army General Orders Number 59, dated 1969.

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

* Vietnam Counteroffensive, Phase III, 1 June 1967 to 29 January 1968
* Tet Counteroffensive, 30 January 1968 to 1 April 1968
* Vietnam Counteroffensive, Phase IV, 2 April 1968 to 30 June 1968
* Vietnam Counteroffensive, Phase V, 1 July 1968 to 1 November 1968

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Purple Heart (1st Oak Leaf Cluster) for wounds received in Vietnam which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this medal.  

2.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

3.  He was awarded the Vietnam Service Medal.  Additionally, he participated in four campaigns while serving in Vietnam; therefore, he is entitled to four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

4.  He served honorably from 21 September 1966 through 9 September 1968.  He attained the temporary rank/grade of SP4/E-4 and he was awarded a decoration for valor in combat.  Aside from his minor NJP, he served a qualifying period of service and he received "excellent" conduct and efficiency ratings throughout his period of service with no commander's disqualification.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and correct his DD Form 214 to show this medal.

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 Army Good Conduct Medal (1st Award) for the period 21 September 1966 through 9 September 1968; and

	b.  adding to item 24 of his DD Form 214 the:

* Purple Heart (1st Oak Leaf Cluster)
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Four bronze service stars to be affixed to 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)                                         AR20110001806



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ABCMR Record of Proceedings (cont)                                         AR20110001806



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