IN THE CASE OF:  

		BOARD DATE:    29 April 2014

		DOCKET NUMBER:  AR20130015502


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 he was awarded or authorized the Purple Heart and the Bronze Star Medal (BSM).

2.  The applicant states these awards are not shown on his DD Form 214.

3.  The applicant provides his DD Form 214 and his Purple Heart and BSM award certificates.

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 31 May 1966, the applicant was inducted into the Army of the United States.  His record shows he held military occupational specialties             11B (Light Weapons Infantryman) and 11H (Infantry Direct Fire Crewman).

3.  He served in the Republic of Vietnam from on or about 25 November 1966 through on or about 26 November 1967.  During this period of service, he was assigned to Company A, 2nd Battalion, 22nd Infantry Regiment, 4th Infantry Division, later reorganized under the 25th Infantry Division.

4.  General Orders Number 3523, issued by Headquarters, 25th Infantry Division on 5 September 1967, awarded him the Purple Heart for wounds received in action in the Republic of Vietnam on 2 September 1967.

5.  General Orders Number 4423, issued by Headquarters, 25th Infantry Division on 14 November 1967, awarded him the BSM for meritorious service in connection with military operations in the Republic of Vietnam, from November 1966 through October 1967.

6.  On 29 May 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve.  His DD Form 214 shows he was awarded or authorized the following awards and decorations:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge (CIB)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* 2 overseas service bars

7.  His records indicate he is entitled to additional awards which are not shown on his DD Form 214.

8.  There is no indication in his available record that shows he was awarded the Army Good Conduct Medal.  Item 38 (Record of Assignments) of his                 DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of a commander's disqualification for the award.  Additionally, there is no evidence of any convictions by court-martial or nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ).

9.  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 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, and he/she could not have been convicted by court-martial.

10.  Special Orders Number 85, issued by Headquarters, U.S. Army Aviation School Element, Hunter Army Airfield, GA on 2 April 1968, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-40 recoilless rifle) effective 8 March 1968.

11.  Army Regulation 600-8-22 (Military Awards) provides that the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 3 July 1965 through 28 March 1973.  A bronze service star will be authorized for wear on the Vietnam Service Medal for participation in each credited campaign.  Appendix B shows that during his service in the Republic of Vietnam, participation credit was awarded for the following two campaigns:

* Vietnam Counteroffensive, Phase II  (1 July 1966 – 31 May 1967)
* Vietnam Counteroffensive, Phase III  (1 June 1967 – 29 January 1968)

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  This document shows the 2nd Battalion, 22nd Infantry Regiment, the unit to which he was assigned, was cited for the following unit awards:

* Presidential Unit Citation, for actions on 21 March 1967, by Department of the Army General Orders (DAGO) Number 59, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 1 October 1966 through 1 August 1967, by DAGO Number 48, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award), for the period 1 August 1967 through 31 August 1968, by DAGO Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 1 August 1967 through 21 January 1970, by DAGO Number 51, dated 1971 

13.  Department of the Army Pamphlet 672-3 also states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  
DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Purple Heart and BSM, which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  He served honorably from 31 May 1966 through 29 May 1968.  His records show he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any disciplinary or derogatory actions or a commander's disqualification for the first award of the Army Good Conduct Medal.  Therefore, as a matter of equity, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.

3.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-40 recoilless rifle), which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  His record shows he participated in two campaigns during his service in the Republic of Vietnam; therefore, he is entitled to correction of his DD Form 214 to show two bronze service stars to be affixed to his previously-awarded Vietnam Service Medal.

5.  General orders awarded his unit of assignment in the Republic of Vietnam the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award), and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

BOARD VOTE:

____X____  __X______  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION





BOARD DETERMINATION/RECOMMENDATION:

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:

a. Awarding him the Army Good Conduct Medal (1st Award) for the period 
31 May 1966 through 29 May 1968; and

   b. Amending his DD Form 214 to delete the VSM and add the following awards:

* Purple Heart
* BSM
* Army Good Conduct Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-40 recoilless rifle)
* Vietnam Service Medal with two bronze service stars
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20130015502



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