IN THE CASE OF:	  

		BOARD DATE:	  17 May 2012

		DOCKET NUMBER:  AR20110023231 


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 award of the Purple Heart.

2.  The applicant states he was awarded the Purple Heart.

3.  The applicant provides:

* Purple Heart Certificate and orders
* 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.  The applicant was inducted into the Army of the United States on 20 June 1968.  He arrived in Vietnam on 4 December 1968.  He served as an infantry indirect fire crewman assigned to Company B, 1st Battalion, 5th Infantry Regiment, 25th Infantry Division, in Vietnam from 11 December 1968 to 30 December 1969.  On 23 March 1970, he was released from active duty in the rank of sergeant after completing 1 year, 9 months, and 4 days of creditable active service with no lost time.

3.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal with two bronze service stars
* Combat Infantryman Badge
* Bronze Star Medal
* Expert Marksmanship Qualification Badge with Mortar Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Pistol Bar

4.  Headquarters, 25th Infantry Division, General Orders Number 3406, dated 16 March 1969, show he was awarded the Purple Heart for wounds received in action on 13 March 1969 in Vietnam.

5.  There is no evidence to show the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence that he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  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.

6.  Records show he participated in four campaigns during his assignment in Vietnam.

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 1st Battalion, 502nd Infantry, the unit to which the applicant was assigned, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 5, dated 1973
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 9, dated 1979

8.  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 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.

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

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Purple Heart.  Therefore, his DD Form 214 should be corrected to show this award.

2.  The applicant was honorably released from active duty in the rank of sergeant, having completed 1 year, 7 months, and 4 days of creditable active service with no lost time.  His record also shows he received "excellent" conduct and efficiency ratings throughout his service with no disciplinary action or a commander's disqualification.  It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 20 June 1968 through 23 March 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.  His DD Form 214 shows the Vietnam Service Medal with two bronze service stars.  However, he participated in four campaigns during his service in Vietnam which entitles him four bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

4.  His unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and 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 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 20 June 1968 through 23 March 1970,

	b.  deleting the Vietnam Service Medal with two bronze service stars from his DD Form 214, and

	c.  adding the following awards to his DD Form 214:

* 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
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20110023231



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ABCMR Record of Proceedings (cont)                                         AR20110023231



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