BOARD DATE:	  25 March 2014

		DOCKET NUMBER:  AR20130013465 


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 award of the Purple Heart, Army Commendation Medal with "V" Device with 1st Oak Leaf Cluster, and Army Commendation Medal with 2nd Oak Leaf Cluster.

2.  The applicant states he received his awards after completing his overseas tour and they were not added to his DD Form 214.

3.  The applicant provides copies of orders awarding him the Purple Heart, Army Commendation Medal with "V" Device, Army Commendation Medal with "V" Device with 1st Oak Leaf Cluster, and Army Commendation Medal with 2nd Oak Leaf Cluster.

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 8 April 1968.  He completed basic training at Fort Campbell, Kentucky, and advanced individual training as a medical specialist at Fort Sam Houston, Texas.  He was transferred to Fort Eustis, Virginia, for his first duty assignment.

3.  On 28 April 1969, he was transferred to Vietnam for assignment to Headquarters and Headquarters Company, 3d Battalion, 1st Infantry Regiment, 11th Infantry Brigade, 23d Infantry Division.  He was promoted to pay grade E-5 on 19 August 1969.

4.  He served in three campaigns and departed Vietnam on or about 22 March 1970.  He was transferred to Fort Lewis, Washington, where he was honorably released from active duty as an overseas returnee on 22 March 1970.  He completed 1 year, 11 months, and 15 days of active service.

5.  His DD Form 214 shows he was awarded or authorized the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal, Army Commendation Medal with "V" Device, Combat Medical Badge, Bronze Star Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  The orders provided by the applicant show he was awarded the Purple Heart, Army Commendation Medal with "V" Device, Army Commendation Medal with "V" Device with 1st Oak Leaf Cluster, and Army Commendation Medal with 2nd Oak Leaf Cluster.

7.  A review of his records shows 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.

8.  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, 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.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.

10.  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 Valorous Unit Award and Republic of Vietnam Gallantry Cross with Palm Unit Citation the during the period he served with the unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Purple Heart, Army Commendation Medal with "V" Device, Army Commendation Medal with "V" Device with 1st Oak Leaf Cluster, and Army Commendation Medal with 2nd Oak Leaf Cluster.  His DD Form 214 shows only the Army Commendation Medal with "V" Device.  He is entitled to have the additional awards added to his DD Form 214.

2.  He served in three campaigns in Vietnam and is authorized three bronze service stars for his already-awarded Vietnam Service Medal.  He is entitled to have these service stars added to his DD Form 214.

3.  His unit in Vietnam was awarded the Valorous Unit Award and Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.  He is entitled to have these unit awards added to his DD Form 214.

4.  A review of the applicant's records shows he received "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 first award of the Army Good Conduct Medal.  Therefore, it appears that the failure to award him this medal was the result of an administrative error.  Accordingly, he should be awarded the Army Good Conduct Medal (1st Award) for the period 8 April 1968 to 22 March 1970 and his DD Form 214 should be corrected to show this award.



BOARD VOTE:

___X_____  ___X_____  __X__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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:

* awarding him the Army Good Conduct Medal (1st Award) for the period 8 April 1968 to 22 March 1970
* deleting award of the Army Commendation Medal with "V" Device and Vietnam Service Medal from his DD Form 214
* adding the following awards to his DD Form 214 –

* Purple Heart
* Army Commendation Medal (3rd Award) and "V" Device
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  The Board wants the applicant and all others to know 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)                                         AR20130013465



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ABCMR Record of Proceedings (cont)                                         AR20130013465



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