BOARD DATE:	  27 May 2014

		DOCKET NUMBER:  AR20130016284 


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.

2.  He states he was wounded in action in Vietnam on 6 September 1968 and the Purple Heart was omitted from his DD Form 214.

3.  He provides his DD Form 214, Purple Heart Certificate, and discharge orders from the U.S. Army Reserve (USAR).

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 2 August 1967, the applicant was inducted into the Army of the United States.  After completing initial entry training, he was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 31 (Foreign Service) – he was credited with service in Vietnam from 6 May 1968 through 5 May 1969
* item 38 (Record of Assignments) – he was assigned to Company C, 1st Battalion (Airborne), 508th Infantry Regiment, 82d Airborne Division, from 29 May 1968 to 1 May 1969
* item 38 – he received all "excellent" conduct and efficiency ratings throughout his service

4.  Headquarters, 3d Brigade, 82d Airborne Division, General Orders Number 10, dated 11 September 1968, awarded the applicant the Purple Heart for wounds received in action on 6 September 1968.

5.  On 6 May 1969, he was honorably released from active duty after completing 1 year, 9 months, and 5 days of total active service.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Vietnam Service Medal
* Army Commendation Medal
* Bronze Star Medal

6.  There is no evidence of derogatory information or a commander's disqualification that would have precluded the applicant from being recommended for or awarded the first award of the Army Good Conduct Medal.

7.  A review of his records indicates he is eligible for additional awards not shown on his DD Form 214.

8.  Army Regulation 672-5-1 (Decorations and 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.  The Vietnam campaigns are listed in appendix B.  His records show his service in Vietnam coincided with four campaigns:

* Vietnam Counteroffensive Phase IV (2 April-30 June 1968)
* Vietnam Counteroffensive Phase V (1 July-1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* Tet 69 Counteroffensive 1969 (23 February-8 June 1969)

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  The pamphlet shows the 1st Battalion, 508th Infantry Regiment, was awarded the:

* Valorous Unit Award for the period 1 May 1968-8 January 1969 by Department of the Army General Orders (DAGO) Number 43, dated 1970
* RVN Gallantry Cross with Palm Unit Citation for the period 6 October 1968-11 November 1969 by DAGO 43, dated 1970
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 12 March-4 October 1968 by DAGO 48, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  The available evidence supports his request for correction of his DD Form 214 to show award of the Purple Heart.

2.  General orders awarded the applicant the Purple Heart for wounds sustained in action in Vietnam on 6 September 1968.  Therefore, he is entitled to the correction of his DD Form 214 to show award of the Purple Heart.

3.  The evidence of record confirms he served honorably from 2 August 1967 to 6 May 1969.  He served in Vietnam and he received all "excellent" conduct and efficiency ratings throughout his service.  His records are void of a commander's disqualification or any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate to award him this medal and correct his DD Form 214 to show this award.

4.  His records confirm he participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.

5.  His unit in Vietnam was cited for award of the Valorous Unit Award, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected 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:

* awarding him the Army Good Conduct Medal (1st Award) for the period 2 August 1967 through 6 May 1969
* deleting award of the Vietnam Service Medal from his DD Form 214
* adding the following awards to his DD Form 214 –

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Valorous Unit Award


* RVN Gallantry Cross with Palm Unit Citation
* RVN 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)                                         AR20130016284



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ABCMR Record of Proceedings (cont)                                         AR20130016284



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