BOARD DATE:	  24 January 2012

		DOCKET NUMBER:  AR20110015142 


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 reflect his award of the Purple Heart and any other awards to which he is entitled.

2.  The applicant states he was awarded the Purple Heart; however, it was omitted from his DD Form 214.  Additionally, he desires any other awards he is entitled to receive be listed on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 and a copy of his Purple Heart Certificate.

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 in Montgomery, AL on 12 September 1967.  He completed his basic training at Fort Benning, GA and his advanced individual training as a cannoneer at Fort Sill, OK.  He was assigned to A Battery, 6th Battalion, 14th Artillery Regiment at Fort Lewis, WA in January 1968 for his first duty assignment.

3.  On 28 July 1968 he was transferred to Vietnam with his unit.  He provides a Purple Heart Certificate, dated 12 May 1969, that shows he was awarded the Purple Heart for wounds received in action in Vietnam on 17 November 1968.

4.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, contains General Orders Number 2631, issued by Headquarters, Americal Division, dated 16 April 1969, that awarded the applicant the Purple Heart for wounds received in action in Vietnam on
17 November 1968.

5.  On 14 July 1969, he was transferred to Fort Lewis, WA where he was honorably released from active duty (REFRAD) on 27 July 1969 as an overseas returnee.  He completed 1 year, 10 months, and 16 days of total active service.  Item 24 (Decorations, Medals, Badges, Commendation, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

6.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record is void of any derogatory information or a commander's disqualification that would serve to disqualify him for the first award of the Army Good Conduct Medal.

7.  Army Regulation 672-5-1 (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 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.


8.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, 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, the applicant participated in the following four campaigns:

* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)

9.  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 6th Battalion, 14th Artillery Regiment, the unit to which the applicant was assigned, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 23 October 1965 through 23 June 1970 by Department of the Army General Order Number 55, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his award of the Purple Heart should be added to his DD Form 214 has been noted and found to have merit.  He was awarded the Purple Heart for wounds received in action in Vietnam on 17 November 1968; therefore, his DD Form 214 should be corrected to show this award.

2.  The applicant also participated in four campaigns in Vietnam; therefore, he is entitled four bronze service stars for wear on his already-awarded VSM and correction of his DD Form 214 to show these bronze service stars.

3.  A review of the applicant's records show he received all "excellent" conduct and efficiency ratings throughout his service and his record contains no derogatory information or a commander's disqualification that would serve to disqualify him for the first award of the Army Good Conduct Medal.  It appears the applicant was not awarded the Army Good Conduct Medal as a result of an administrative error.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st award) for the period 12 September 1967 through 27 July 1969 and to correct his DD Form 214 to show this award.


4.  The applicant's unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service.  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 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.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st award) for the period
12 September 1967 through 27 July 1969; and

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

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation



      _________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)                                         AR20110015142



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ABCMR Record of Proceedings (cont)                                         AR20110015142



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