IN THE CASE OF:	  

		BOARD DATE:	    17 October 2013

		DOCKET NUMBER:  AR20130003450 


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 the issuance of a DD Form 215 (Correction to the 
DD Form 214) to show his second award of the Purple Heart.

2.  The applicant states his DD Form 214 does not reflect his second award of the Purple Heart.

3.  The applicant provides:

* Headquarters (HQ), 71st Evacuation Hospital (Surgical Mobile) General Orders Number 339, dated 21 December 1968
* HQ, 4th Infantry Division General Orders Number 361, dated 4 February 1969
* DA Form 20 (Enlisted Qualification Record)
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Veterans' Service Office Letter written to the Army Review Boards Agency, dated 14 February 2013

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 13 February 1968.  He completed training as a light weapons infantryman.  

3.  On 6 April 1968, Special Orders Number 97 was published awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

4.  He arrived in Vietnam on 23 July 1968; he was assigned to Company A, 3rd Battalion, 8th Infantry, 4th Infantry Division on 29 July 1968; and he departed Vietnam on 18 July 1969.  He participated in the following four campaigns:

* Vietnam Counteroffensive, Phase V Campaign, which extended from 1 July through 1 November 1968
* Vietnam Counteroffensive, Phase VI Campaign, which extended from 2 November 1968 through 22 February 1969
* Tet 69 Counteroffensive Campaign, which extended from 23 February through 8 June 1969 
* Vietnam Summer-Fall 1969 Campaign, which extended from 9 June through 31 October 1969 

5.  On 21 December 1968, HQ, 71st Evacuation Hospital (Surgical Mobile) General Orders Number 339 were published awarding the applicant the Purple Heart for wounds received in action on 20 December 1968.

6.  On 4 February 1969, HQ, 4th Infantry Division General Orders Number 361 were published awarding the applicant the Purple Heart for wounds received due to a hostile force on 1 February 1969.

7.  On 8 June 1969, HQ, 4th Infantry Division General Orders Number 2305 were published awarding him the Army Commendation Medal for meritorious service from July 1968 to July 1969.

8.  On 12 February 1970, after completing 2 years of total active service he was honorably released from active duty and he was transferred to the U.S. Army Reserve Control Group (Annual Training).


9.  The applicant's DD Form 214 shows the following awards:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Vietnam Campaign Medal with Device (1960)
* Silver Star
* Combat Infantryman Badge
* Air Medal
* Purple Heart

10.  The applicant's DA Form 20 shows he had “excellent” conduct and efficiency ratings while he was in the Army.

11.  There is no evidence in his records of any court-martial convictions, personnel actions, or statements that would justify his disqualification for award of the Army Good Conduct Medal (AGCM).

12.  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.

13.  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:

	a.  the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966 to 28 July 1969 by Department of the Army General Order Number 3, dated 1970; and 

	b.  the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 to 31 October 1969 by Department of the Army General Order Number 53, dated 1970.





DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  The applicant's records show he received two awards of the Purple Heart.  His DD Form 214 should be amended to show his second award.

3.  There is no evidence in his record of any court-martial convictions, personnel actions or statements that would justify the applicant's disqualification for award of the AGCM.  He should be awarded the AGCM and this award should be added on his DD Form 214.

4.  The applicant is also authorized the following awards that should be added on his DD Form 214:

* Army Commendation Medal
* 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
* Two additional bronze service stars to be affixed to his already-awarded 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 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 awarding him the Army Good Conduct Medal (1st Award) for exemplary service for the period 13 February 1968 through 12 February 1970 and amending his 
DD Form 214 to add the following awards:

* Purple Heart (2nd Award)
* Army Good Conduct Medal (1st Award)
* Army Commendation Medal
* 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
* four bronze service stars to be affixed to his already-awarded Vietnam Service Medal




      _______ _   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)                                         AR20130003450



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ABCMR Record of Proceedings (cont)                                         AR20130003450



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