IN THE CASE OF:	 

		BOARD DATE:	  24 April 2014

		DOCKET NUMBER:  AR20130015336 


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 with Oak Leaf Cluster for wounds received while in the Republic of Vietnam (RVN).

2.  The applicant states he has tried for years to have his second Purple Heart shown on his DD Form 214.  He has received the actual medal but wants the 
DD Form 214 corrected to show both awards.

3.  The applicant provides copies of:

* DD Form 214
* General Orders Number 2506, Americal Division, dated 11 April 1969
* Western Union Telegram
* Wikipedia Internet article about another Soldier who received the Medal of Honor

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.  On 7 September 1967, the applicant was inducted into the Army of the United States.  He completed his initial training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  On 26 January 1968, the applicant was assigned to Company A, 4th Battalion, 21st Infantry Regiment, located in Hawaii.

4.  On or about 12 April 1968, the applicant went with his unit to the RVN.

	a.  On 20 June 1968, a casualty message announced the applicant had been wounded on 18 June 1968 by a metal fragment from a hostile booby trap while he was on a search and clear mission in the RVN.  He was treated and hospitalized in the RVN.

	b.  On 6 April 1969, the applicant departed the RVN.

	c.  General Orders Number 2506, Americal division, dated 11 April 1969, announced award of the Purple Heart to the applicant for wounds received on 
19 March 1969.

5.  On 11 April 1969, the applicant was released from active duty.  He had attained the rank of specialist four, pay grade E-4 and had completed 1 year, 
7 months and 5 days of creditable active duty service.

6.  The applicant's DD Form 214 lists his awards as:

* National Defense Service Medal
* Vietnam Campaign Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Vietnam Service Medal
* Purple Heart
* Combat Infantryman Badge


7.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that his conduct and efficiency ratings were excellent.  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal.

8.  Army Regulation 600-8-22 provides that the Purple Heart is authorized for the first wound suffered under conditions indicated above. For each subsequent award an Oak Leaf Cluster will be worn on the Purple Heart Ribbon.

9.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following four campaign periods: the Vietnam Counteroffensive, Phase IV; the Vietnam Counteroffensive, Phase V; the Vietnam Counteroffensive, Phase VI; and the Tet 69 Counteroffensive.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN.  This publication shows that the 4th Battalion, 21st Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 2, dated in 1971 for award of the RVN Gallantry Cross with Palm Unit Citation.

11.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "unknown" for portions of the period under consideration are not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 are not disqualifying.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart with Oak Leaf Cluster for wounds received while in the RVN.

2.  The available evidence clearly shows that the applicant was wounded as a result of enemy action of 18 June 1968 and again on 19 March 1969.  Therefore, his DD Form 214 should be corrected to show award of the Purple Heart with Oak Leaf Cluster.

3.  The applicant’s records clearly show that he distinguished himself in the performance of his military service as evidenced by his attaining the rank of specialist four, pay grade E-4 and achieving "excellent" conduct and efficiency ratings.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

4.  Records show that the applicant participated in four campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

5.  Records show that the applicant's unit was cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X___  ___X____  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 Purple Heart and the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal for the period from 
7 September 1967 to 11 April 1969; and 

	c.  showing, in addition to the awards already shown on his DD Form 214, that his awards include:

* Purple Heart with Oak Leaf Cluster
* Army Good Conduct Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation





      _______ _  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)                                         AR20130015336





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ABCMR Record of Proceedings (cont)                                         AR20130015336



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