BOARD DATE:	  23 January 2014

		DOCKET NUMBER:  AR20130008983 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show two awards of the Purple Heart and that he be issued the second medal set of the Purple Heart.

2.  The applicant states that he was awarded two awards of the Purple Heart; however, only one award is reflected on his DD Form 214.  He also states that he only received one medal set and desires a second one so that he can give one to each of his sons. 

3.  The applicant provides copies of his DD Form 214 and Medical Board Proceedings.

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 14 January 1969.  He completed his one-station unit training as a light weapons infantryman at Fort Polk, Louisiana and was transferred to Fort Benning, Georgia and then to Fort Hood, Texas to attend the Noncommissioned Officer (NCO) candidate course.  He completed the course and was promoted to the rank of sergeant on 14 October 1969.

3.  On 20 February 1970, he was transferred to Vietnam for assignment to Company A, 2nd Battalion, 8th Cavalry Regiment, 1st Cavalry Division.  

4.  The applicant was wounded on 26 March and 22 May 1970 and was awarded the Purple Heart with one oak leaf cluster (2nd Award) for those wounds.  Orders for both awards are contained in his official records and his name is listed twice on the Vietnam Casualty Listing.

5.  On 5 June 1970, he was awarded the Army Commendation Medal with "V" Device and he was medically evacuated the same day to a hospital in Japan and then to the medical holding detachment at Fort Polk.  He had served in two campaigns in Vietnam at the time of his departure.

6.  On 15 April 1971, he was honorably retired by reason of permanent disability.  He had served 2 years, 3 months, and 2 days of active service and his DD Form 214 issued at the time of his retirement shows that he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Combat Infantryman Badge, Army Commendation Medal (ARCOM), and Purple Heart.

7.  A review of his official records shows that he had “excellent” conduct and efficiency ratings throughout his service and his record is void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM) (1st Award).

8.  Army Regulation 600-8-22 also states the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.  

9.  Appendix B of this regulation states a bronze service star, based on qualifying service for each campaign, will be worn on the appropriate service medal. 


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 the applicant’s unit was cited for awards of the Valorous Unit Award (VUA) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded two awards of the Purple Heart and is entitled to have both awards reflected on his DD Form 214.

2.  The applicant was also awarded the ARCOM with "V" Device; however, his DD Form 214 only reflects the award of the ARCOM.  Accordingly, that award should be reflected on his DD Form 214 as well.

3.  The applicant served in two campaigns in Vietnam and is entitled to wear two bronze service stars on his already-awarded Vietnam Service Medal and to have them added to his DD Form 214.

4.  The evidence of record shows the applicant received all "excellent" conduct and efficiency ratings throughout his service.  His record does not contain any derogatory information or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the AGCM.  Therefore, he should be awarded the AGCM (1st Award) for the period 14 January 1969 through 15 April 1971 and his DD Form 214 should be corrected to show this award.

5.  The applicant’s unit was cited for awards of the VUA and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.  Accordingly, those awards should be added to his DD Form 214 at this time.

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:

* deleting the awards of the Vietnam Service Medal, ARCOM, and Purple Heart from his DD Form 214
* awarding him the AGCM (1st Award) for the period 14 January 1969 through 15 April 1971
* adding the awards of the Vietnam Service Medal with two bronze service stars, Purple Heart (2nd Award), ARCOM with "V" Device, AGCM (1st Award), VUA, and  Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214
* issuing him a medal set for his second Purple Heart




      __________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)                                         AR20130008983





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ABCMR Record of Proceedings (cont)                                         AR20130008983



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