IN THE CASE OF:	  

		BOARD DATE:	  1 April 2014

		DOCKET NUMBER:  AR20130013716 


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 by adding a “V” Device to his Air Medal and to show two awards of the Purple Heart (Purple Heart 1 OLC) 

2.  The applicant states he was awarded the Air Medal with “V” Device and two awards of the Purple Heart; however, his DD Form 214 does not reflect the “V” Device on his Air Medal or the Purple Heart 1 OLC.  

3.  The applicant provides copies of orders awarding him the Air Medal with “V” Device and 11 OLCs, an unidentified document indicating that he was lightly wounded in March and April 1968, and copies of certificates for awards of the Air Medal with “V” Device and 11 OLCs.

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 enlisted in the Regular Army on 3 January 1967 for a period of 3 years and training as a helicopter repairman.  He completed his basic training and his advanced individual training before being transferred to Vietnam on 
27 July 1967 for assignment to D Troop, 3rd Squadron, 5th Cavalry Regiment, 9th Infantry Division.

3.  On 13 May 1968, he was awarded the Purple Heart for wounds received in action on 9 April 1968.  On 22 June 1968, he was awarded the Air Medal with “V” Device (11 OLCs) for heroism on 22 April 1968.

4.  He participated in four campaigns and departed Vietnam on 23 July 1968 for assignment to Germany where he remained until he was honorably released from active duty (REFRAD) on 5 December 1969.  He had served 2 years,        11 months, and 3 days of active service.  His DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Purple Heart, Vietnam Campaign Medal, and the Air Medal with 15 OLCs.

5.  A review of his official records failed to show evidence of the applicant being awarded the Purple Heart 1 OLC or evidence showing that he was wounded/injured a second time.  His name is listed on the Vietnam Casualty Roster once, as being wounded on 9 April 1968.  However, the certificate provided by the applicant shows that he was awarded the Purple Heart for wounds received on 9 May 1968, 1 month after his first award of the Purple Heart.

6.  His records also show that he had “excellent” conduct and efficiency ratings throughout his service and his records do not contain derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal. 

7.  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.

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

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, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Valorous Unit Award during the period he served with the unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has provided evidence to show that he was awarded the Air Medal with “V” Device and is entitled to have that award added to his DD Form 214. 

2.  Although there is no evidence in the available records to show that he was wounded a second time or that he was awarded the Purple Heart 1 OLC, it is reasonable, given the certificate provided by the applicant, that he was in fact wounded a second time and was awarded the Purple Heart 1 OLC.  Accordingly, the Purple Heart 1 OLC should be added to his DD Form 214.

3.  He served in four campaigns in Vietnam and is authorized to wear four bronze service stars on his already-awarded Vietnam Service Medal.  He is also entitled to have these service stars added to his DD Form 214.

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

5.  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 3 January 1967 to 5 December 1969 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 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, Purple Heart, and Air Medal with 15 OLCs from his DD Form 214
* Awarding him the Army Good Conduct Medal (First Award) for the period 3 January 1967 to 5 December 1969
* Adding the awards of the Vietnam Service Medal with four bronze service stars, Purple Heart 1 OLC, Air Medal with “V” Device and 15 OLCs, Army Good Conduct Medal (First Award), Valorous Unit Award, 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

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)                                         AR20130013716





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ABCMR Record of Proceedings (cont)                                         AR20130013716



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