BOARD DATE:	  6 September 2011

		DOCKET NUMBER:  AR20110004091 


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 he earned the award, he has the citation, and he would like to see it on his DD Form 214.

3.  The applicant provides:

* Purple Heart Certificate
* DD Form 214

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 8 May 1968.  He arrived in Vietnam on 28 April 1969.  He served as a light weapons infantryman assigned to Company C, 2nd Battalion, 506th Infantry, in Vietnam from 13 May 1969 to 7 April 1970.

3.  Headquarters, 85th Evacuation Hospital (Surgical Mobile), General Order Number 142, dated 24 December 1969, shows he was awarded the Purple Heart for wounds received in action on 23 December 1969 in Vietnam.

4.  On 7 April 1970, he was released from active duty in the rank of staff sergeant after completing 1 year and 11 months of creditable active service with no time lost.

5.  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
* Combat Infantryman Badge
* Army Commendation Medal
* Air Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* two overseas service bars

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

7.  Records show the applicant participated in three campaigns during his assignment in Vietnam.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 2nd Battalion, 506th Infantry, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders (DAGO) Number 43, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 48, dated 1971

9.  Army Regulation 672-5-1 (Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It 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 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.

10.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.

DISCUSSION AND CONCLUSIONS:

1.  General Order Number 142, dated 24 December 1969, shows he was awarded the Purple Heart.  His DD Form 214 should be corrected to show this award.

2.  He was separated in the rank of staff sergeant with 23 months of creditable active service with no lost time.  It appears the applicant met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 8 May 1968 through 7 April 1970 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

3.  He participated in three campaigns during his service in Vietnam which entitles him to award of the Vietnam Service Medal with three bronze service stars.  His DD Form 214 should be corrected to show this award.

4.  His unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to the unit.  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 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 8 May 1968 through 7 April 1970 and

	b.  adding the Purple Heart, Army Good Conduct Medal (1st Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and three bronze service stars 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)                                         AR20110004091



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ABCMR Record of Proceedings (cont)                                         AR20110004091



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