IN THE CASE OF:	  

		BOARD DATE:	  6 December 2012

		DOCKET NUMBER:  AR20120009813 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his awards of the Purple Heart and the Bronze Star Medal (BSM) with "V" Device.

2.  The applicant states he was awarded the Purple Heart and the BSM with "V" Device and they were not included on his DD Form 214.

3.  The applicant provides copies of order awarding him the Purple Heart and BSM with "V" Device.

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 on 2 May 1968.  He completed his basic training at Fort Bragg, North Carolina, and his advanced individual training as a personnel specialist at Fort Huachuca, Arizona, before being transferred to Vietnam on 13 October 1968.  He was assigned to the 2d Battalion, 34th Armor Regiment, for duty as a company clerk.  

3.  General Orders Number 7426, issued by Headquarters, 25th Infantry Division, on 31 May 1969, awarded him the Purple Heart for wounds received in action on 29 May 1969.  General Orders Number 7923, issued by Headquarters, 25th Infantry Division, on 18 June 1969, awarded him the BSM with "V" Device for heroism on 29 May 1969.  He was promoted to the pay grade of E-5 on 7 July 1969.

4.  After serving in five campaigns he departed Vietnam on 2 December 1969 and was transferred to Oakland Army Base, California, where he was honorably released from active duty (REFRAD) on 4 December 1969, as an overseas returnee.  He had served 1 year, 7 months, and 3 days of active service.  His 
DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, Vietnam Campaign Medal, Vietnam Service Medal, and Army Commendation Medal.

5.  A review of his record shows he had "excellent" conduct and efficiency ratings throughout his service.  His record is void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).

6.  Army Regulation 600-8-22 (Military Awards) states a bronze service star will be worn on the appropriate service medal based on qualifying service for each campaign listed in appendix B, in this case the Vietnam Service Medal.  A silver service star is worn in lieu of five bronze service stars.

7.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Purple Heart and the BSM with "V" Device and thus is entitled to have those awards added to his DD Form 214.

2.  The applicant served in five campaigns in Vietnam and thus is entitled to wear one silver service star on his already-awarded Vietnam Service Medal.

3.  A review of the applicant's records shows he had "excellent" conduct and efficiency ratings throughout his period of service and his records contain no derogatory information that would serve to disqualify him for the AGCM (1st Award).  Therefore, it appears that the failure to award him this medal was the result of an administrative error.  Accordingly, he should be awarded the AGCM (1st Award) for the period 2 May 1968 to 4 December 1969 and his DD Form 214 should be corrected to show this award.

4.  Additionally, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit and he is entitled to have those awards added to his DD Form 214.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. 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 the award of the Vietnam Service Medal from his DD Form 214; 

b. awarding him  the AGCM (1st Award) for the period 2 May 1968 to
4 December 1969; and

c. adding to his DD Form 214 the:

* Purple Heart
* BSM with "V" Device
* Vietnam Service Medal with one silver service star
* AGCM (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 

2.  The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _   _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)                                         AR20120009813





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ABCMR Record of Proceedings (cont)                                         AR20120009813



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