IN THE CASE OF:	  

		BOARD DATE:	  16 July 2013

		DOCKET NUMBER:  AR20130000358 


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 Purple Heart.

2.  The applicant states, in effect, his award of the Purple Heart should be added to his DD Form 214.

3.  The applicant provides copies of his DD Form 214 and 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 on 5 August 1969.  He was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  Headquarters, 25th Infantry Division, General Orders Number 5233, dated 15 May 1970, awarded the applicant the Purple Heart for wounds received in connection with military operations against a hostile force on 9 May 1970.

4.  Headquarters, 25th Infantry Division, General Orders Number 11509, dated 29 November 1970, awarded the applicant the Bronze Star Medal for meritorious service in connection with military operations against a hostile force.

5.  His DA Form 20 (Enlisted Qualification Record) shows the following:

	a.  advancement to the rank/grade of specialist four/E-4 effective 10 March 1970;

	b.  service in Vietnam from 5 January 1970 through 30 November 1970;

	c.  assignment to Company B, 3d Battalion, 22d Infantry Regiment, 25th Infantry Division from 10 January 1970 to on or about 7 June 1970;

	d.  assignment to Headquarters and Headquarters Company, 1st Brigade, 25th Infantry Division, from 8 June 1970 to on or about 30 November 1970;

	e.  conduct and efficiency ratings of "excellent";

	f.  a fragmentation wound to his left shoulder on 9 May 1970; and

	g.  award of the National Defense Service Medal, Vietnam Service Medal, Purple Heart, Air Medal, Combat Infantryman Badge, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  The applicant was honorably released from active duty on 29 July 1971 with 1 year, 11 months, and 25 days of creditable active service.  His DD Form 214 shows his awards as the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Combat Infantryman Badge, and Air Medal.

7.  The applicant's records contain no derogatory entries, disciplinary actions, nonjudicial punishments, or courts-martial that would suggest he was considered ineligible for award of the Army Good Conduct Medal.
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, 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.  

9.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized based on qualifying service for each designated campaign listed in appendix B; authorized service stars will be worn on the appropriate campaign or service medal.  Based on the applicant's dates of service in Vietnam he participated during the following three campaigns:  Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970), Sanctuary Counteroffensive (1 May-30 June 1970), and Vietnam Counteroffensive Phase VII (1 July 1970-30 June 1971).

10.  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 Headquarters and Headquarters Company, 1st Brigade, 25th Infantry Division, was cited for award of the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the applicant's assignment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's awards of the Bronze Star Medal, Purple Heart, and marksmanship qualification badges were omitted from his DD Form 214.  It would be appropriate to correct these omissions.

2.  The applicant distinguished himself by his conduct, efficiency, and fidelity as evidenced by his combat service, his conduct and efficiency ratings, his personal decorations, and his advancement to specialist four/E-4.  His records contain no indication of any disqualifying incidents or recommendations.  It would be appropriate to award him the Army Good Conduct Medal for his period of service from 5 August 1969 through 29 July 1971.

3.  In addition to the awards listed on his DD Form 214, the applicant is also authorized to wear the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

4.  The applicant served in Vietnam during three campaigns and is authorized to wear three bronze service stars on his Vietnam Service Medal.
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 5 August 1969 through 29 July 1971 and

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

* Bronze Star Medal
* Purple Heart
* Army Good Conduct Medal
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)



      ____________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)                                         AR20130000358



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ABCMR Record of Proceedings (cont)                                         AR20130000358



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