BOARD DATE:	  21 September 2011

		DOCKET NUMBER:  AR20110004409 


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 award of the Army Commendation Medal with "V" Device and 1st Oak Leaf Cluster), Army Good Conduct Medal (1st Award), and Purple Heart.

2.  He states these awards and medals are not listed on his original DD Form 214.

3.  He provides:

* DD Form 214
* general orders for award of the Purple Heart, Army Commendation Medal with "V" Device, Army Commendation Medal with 1st Oak Leaf Cluster, and Army Good Conduct Medal (1st Award)
* certificates for award of the Purple Heart, Army Commendation Medal with "V" Device, and Army Commendation Medal with 1st Oak Leaf Cluster

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 17 October 1967.  His highest rank/pay grade attained was sergeant (SGT)/E-5.

3.  He served in Vietnam from 20 April 1968 through on or about 16 April 1969 and was assigned to Company D and Company E of the 1st Battalion, 2nd Infantry Regiment, 1st Infantry Division.

4.  His service record contains orders which show he was awarded the:

* Purple Heart for wounds received in action on 24 August 1968 by Headquarters, 1st Infantry Division, General Orders Number 10415, dated 1 October 1968
* Army Commendation Medal with "V" Device for heroic action on 12 September 1968 by Headquarters, 1st Infantry Division, General Orders Number 12043, dated 17 November 1968
* Army Commendation Medal with 1st Oak Leaf Cluster for meritorious service from April 1968 to April 1969 by Headquarters, 1st Infantry Division, General Orders Number 2683, dated 14 April 1969 [reverse of orders not available]
* Army Good Conduct Medal (1st Award) for the period 17 October 1967 to date of separation on or about 16 October 1969 by Headquarters, 2nd Basic Combat Training Brigade, General Orders Number 61, dated 29 September 1969 [reverse of orders not available]

5.  He was released from active duty on 16 October 1969 in the rank of SGT.  He completed 2 years of total active service with no lost time.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows award of the Combat Infantryman Badge, Army of Occupation Medal, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, two overseas service bars, Air Medal, Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and Republic of Vietnam Gallantry Cross with Palm Unit Citation.

7.  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 unit to which the applicant was assigned was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1965 to 7 April 1970 by Department of the Army General Orders Number 42, dated 1970.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  Paragraph 2-13 contains the regulatory guidance for 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 Vietnam Counteroffensive Phase IV, Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, and Tet 69 Counteroffensive 1969 campaigns.

DISCUSSION AND CONCLUSIONS:

1.  General orders show the applicant was awarded the Army Commendation Medal with "V" Device and Army Commendation Medal with 1st Oak Leaf Cluster.  Therefore, his DD Form 214 should be amended to show award of the Army Commendation Medal with "V" Device (2nd Award).

2.  General orders show he was awarded the Army Good Conduct Medal (1st Award) for a qualifying period of service from 17 October 1967 through 16 October 1969.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  General orders show he was awarded the Purple Heart for wounds sustained in action on 24 August 1968.  Therefore, this decoration should be added to his DD Form 214.

4.  His DD Form 214 currently reflects the Vietnam Service Medal.  Additionally, he is credited with participation in four campaigns during the Vietnam War.  Therefore, his DD Form 214 should be amended to reflect four bronze service stars for wear on his already-awarded Vietnam Service Medal.

5.  His unit in Vietnam was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.



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.  deleting the Vietnam Service Medal from item 24 of his DD Form 214 and

	b.  adding the Purple Heart, Army Commendation Medal with "V" Device (2nd Award), Army Good Conduct Medal (1st Award), Vietnam Service Medal with four bronze service stars, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 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)                                         AR20110004409



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ABCMR Record of Proceedings (cont)                                         AR20110004409



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