IN THE CASE OF:	  

		BOARD DATE:	  13 March 2014

		DOCKET NUMBER:  AR20130013043 


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 award of two Purple Hearts be added to his DD Form 214 (Report of Transfer or Discharge).

2.  The applicant states his DD Form 214 omits his two awards of the Purple Heart.

3.  The applicant provides copies of his DD Form 214 and DA Form 20 (Enlisted Qualification Record).

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 in to the Army on 14 September 1966.
3.  His record includes orders for the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Marksman Marksmanship Qualification Badge with Machinegun Bar, Expert Marksmanship Qualification Badge with Rifle Bar 
(M-16), and the Purple Heart for a wound to his right shoulder on 4 November 1967.

4.  The record contains a copy of an award citation for the Air Medal for the period October 1967 through December 1967.

5.  On 9 January 1968, the applicant was placed on limited duty and given a physical profile of T3 for residuals of metal fragment wounds to both legs.

6.  His DA Form 20 shows -

* advancement to specialist four (E-4)
* award of the military occupational specialty (MOS) 11B (Light Weapons Infantryman) on 25 February 1967 and 71B (Clerk Typist) on 9 April 1968 
* service in Vietnam with Company A, 1st Battalion, 50th Infantry Regiment from 22 September 1967 through 24 December 1967
* assignment to the 249th General Hospital as a patient from 25 December 1967 through 8 April 1968
* service in Japan with the 627th Hospital Command from 10 April 1968 through 6 September 1968
* conduct and efficiency ratings of “excellent” or “unknown”
* he sustained combat incurred wounds to his right shoulder on 4 November 1967 and multiple fragment wounds to his left leg on 6 December 1967
* his awards as the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, Purple Heart, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Marksman Marksmanship Qualification Badge with Machinegun Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

7.  The applicant was honorably released from active duty on 7 September 1968.  His DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960).

8.  The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishment, or courts-martial that would suggest he was considered not eligible for award of the Good Conduct Medal.


9.  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, 50th Infantry Regiment, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

10.  Army Regulation 600-8-22 (Military Awards) states that a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam he participated during the Counteroffensive Phase III, 1 June 1967 - 29 January 1968 campaign period.

11.  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.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant was wounded in action twice and qualifies for award of the Purple Heart with one Oak Leaf Cluster.  Neither Purple Heart is shown on his DD Form 214 and it is appropriate to correct the record to show these awards.

2.  The applicant served in Vietnam during one campaign period and is authorized to wear one bronze service star on his Vietnam Service Medal.  It is appropriate to correct the DD Form 214 to show the Vietnam Service Medal as with the one bronze service star.

3.  The applicant's DD Form 214 also omits his award of the Air Medal, Combat Infantryman Badge, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Marksman Marksmanship Qualification Badge with Machinegun Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  It is appropriate to add these awards to the DD Form 214.

4.  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 pay grade E-4.  The record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the Army Good Conduct Medal for his period of service from 14 September 1966 through 7 September 1968.

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:

	a.  deleting from his DD Form 214 the Vietnam Service Medal;

   b.  awarding him the Army Good Conduct Medal (1st award) for his period of service from 14 September 1966 through 7 September 1968; and 

	c.  showing that, in addition to the awards shown on the DD Form 214, the applicant's awards also include the Air Medal, Purple Heart with one Oak Leaf Cluster, Army Good Conduct Medal, Vietnam Service Medal with one bronze service star, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Marksman Marksmanship Qualification Badge with Machinegun Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  



      _____________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)                                         AR20130013043





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ABCMR Record of Proceedings (cont)                                         AR20130013043



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