IN THE CASE OF:	  

		BOARD DATE:  1 April 2014

		DOCKET NUMBER:  AR20130013152 


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 records be corrected to show award of the Purple Heart and Bronze Star Medal with “V” Device.

2.  The applicant states that he was awarded the Purple Heart for injuries sustained in Vietnam in February 1970 and he was awarded the Bronze Star Medal with “V” Device for the same action.  However, they were not included on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides no additional documents with his application.

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 10 February 1969.  He completed basic training at Fort Knox, Kentucky and advanced individual training as a light weapons infantryman at Fort Lewis, Washington before being transferred to Vietnam on 10 July 1969 for assignment to Company D, 1st Battalion, 5th Cavalry Regiment, 1st Cavalry Division.    

3.  On 20 March 1970, he sustained shrapnel wounds to the left shoulder and on 18 April 1970, General Orders Number 6075 issued by Headquarters, 1st Cavalry Division awarded the applicant the Bronze Star Medal with “V” Device for heroism on 20 March 1970.

4.  On 24 May 1970, General Orders Number 8478 issued by Headquarters, 1st Cavalry Division awarded the applicant the Bronze Star Medal with One Oak Leaf Cluster (OLC). 

5.  He was promoted to the rank of sergeant on 4 April 1970 and departed Vietnam on 9 July 1970 for assignment to Fort Carson, Colorado where he remained until he was honorably released from active duty (REFRAD) on
9 February 1971 due to the expiration of his term of service.  He had served 
2 years of active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Vietnam Campaign Medal with 1960 Device, Combat Infantryman Badge, Air Medal, and Bronze Star Medal.

6.  A review of his official records failed to show orders awarding him the Purple Heart; however, his DA Form 20 (Enlisted Qualification Record) shows that he sustained fragmentation wounds to the left shoulder on 20 March 1970 and his separation physical shows he received fragmentation wounds above the right scapula.

7.  His DA Form 20 also shows he received all “excellent” conduct and efficiency ratings.

8.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for 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.  

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Valorous Unit Award during the period he served with the unit.

DISCUSSION AND CONCLUSIONS:

1.  Although there are no orders in the available records showing that he was awarded the Purple Heart, it is reasonable to presume, given the entries contained in his records, that he was in fact awarded the Purple Heart for wounds received in Vietnam on 20 March 1970.  Accordingly, the award of the Purple Heart should be added to his DD Form 214.

2.  The applicant was also awarded the Bronze Star Medal with “V” Device and 1OLC and they should be added to his DD Form 214 as well.

3.  A review of the applicant's records shows he had "excellent" conduct and efficiency ratings throughout his period of service and his records contain no derogatory information that would serve to disqualify him for the AGCM (1st Award).  Therefore, it appears that the failure to award him this medal was the result of an administrative error.  Accordingly, he should be awarded the AGCM (1st Award) for the period 10 February 1969 to 9 February 1971 and his DD Form 214 should be corrected to show this award.

4.  Additionally, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Valorous Unit Award during the period he served with the unit and he is entitled to have those awards added to his DD Form 214.

BOARD VOTE:

____X___  ____X___  ___X__ _  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 Bronze Star Medal from his DD Form 214
* Awarding him the AGCM (1st Award) for the period 10 February 1969 to 
9 February 1971
* Adding the awards of the Bronze Star Medal with “V” Device and 1OLC, PH, Army Good Conduct Medal (1st Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Valorous Unit Award to his DD Form 214

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _  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)                                         AR20130013152



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ABCMR Record of Proceedings (cont)                                         AR20130013152



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