IN THE CASE OF:
BOARD DATE: 12 February 2014
DOCKET NUMBER: AR20130010779
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 his Purple Heart and Air Medal.
2. The applicant states the two awards were omitted from his DD Form 214.
3. The applicant provides copies of his DD Form 214 and award orders for the Air Medal and Purple Heart.
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's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from documents provided by the applicant.
3. 1st Infantry Division General Orders Number 9150, dated 30 August 1968, awarded the applicant the Purple Heart for wounds received on 23 August 1968.
4. 1st Infantry Division General Orders Number 5199, dated 10 June 1969, awarded the applicant the Air Medal for the period from 3 August 1968 to 20 December 1968.
5. 1st Infantry Division General Orders Number 5697, dated 20 June 1969, awarded the applicant the Army Commendation Medal.
6. All three sets of orders show assignment to Company B, 1st Battalion, 2nd Infantry Regiment.
7. The applicant's DD Form 214 shows:
* service on active duty from 3 January 1968 through 7 October 1969
* service in military occupational specialty 11B (Light Weapons Infantryman)
* promotion to sergeant (E-5)
* service in Vietnam for 1 year
* award of the
* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Machine Gun Bar
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows that while the applicant was assigned to the 1st Battalion, 2nd Infantry Regiment, it 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.
9. 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. There must have been no convictions by a court-martial.
DISCUSSION AND CONCLUSIONS:
1. The applicant's award of the Air Medal, Army Commendation Medal, and the Purple Heart were omitted from his DD Form 214. It is appropriate correct this oversight.
2. In addition to the awards listed on the DD Form 214 the applicant is also authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.
3. Notwithstanding the absence of his complete record, his personal decorations and separation in pay grade E-5 indicates award of the Army Good Conduct Medal is appropriate.
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 the applicant the Army Good Conduct Medal for the period 3 January 1968 through 7 October 1969 and
b. adding award of the Purple Heart, Air Medal, Army Commendation Medal, Army Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit
Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214.
_____________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) AR20130010779
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ABCMR Record of Proceedings (cont) AR20130010779
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