IN THE CASE OF:	   

		BOARD DATE:	  27 June 2014

		DOCKET NUMBER:  AR20130017629 


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 the Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

2.  The applicant states:

* he was injured and hospitalized with shrapnel in his legs
* he received a Purple Heart, but it is not listed on his DD Form 214
* his DD Form 214 does not list all of his medals as well  

3.  The applicant provides:

* DD Forms 214 for the periods ending 2 June 1969 and 7 June 1972
* Page 3 of his DA Form 20 (Enlisted Qualification Record)

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 October 1968 for a period of 3 years.  He arrived in Vietnam on 18 March 1969.  He served as a light weapons infantryman assigned to Company C, 3rd Battalion, 1st Infantry of the 11th Infantry Brigade in Vietnam from 1 April 1969 to June 1969.  

3.  Orders, dated 13 May 1969, show he received the Purple Heart for wounds received in action on 12 May 1969.

4.  He was honorably discharged on 2 June 1969 for immediate reenlistment.  

5.  His DD Form 214 for the period ending 2 June 1969 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* First Class Gunner Badge (M-60)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

6.  He reenlisted on 3 June 1969 for a period of 3 years.  He was assigned to Headquarters and Headquarters Company (HHC), 11th Infantry Brigade in Vietnam from 5 June 1969 to 29 December 1969.  On 7 June 1972, he was honorably released from active duty in the rank of specialist four after completing a total of 3 years, 8 months, and 5 days of creditable active service with no time lost. 

7.  His DD Form 214 for the period ending 7 June 1972 shows the National Defense Service Medal as an authorized award.

8.  Records show he participated in three campaigns during his assignment in Vietnam.

9.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows Company C, 3rd Battalion, 1st Infantry, was cited for award of the Valorous Unit Award for actions on 12-13 May 1969 in Department of the Army General Orders (DAGO) 43, dated 1970.
11.  Department of the Army Pamphlet 672-3 also shows HHC, 11th Infantry Brigade was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation in DAGO 42, dated 1972.

12.  Army Regulation 600-8-22 (Military Awards) states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  

13.  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.

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

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the Purple Heart.  Therefore, his DD Form 214 for the period ending 7 June 1972 should be corrected to show this award. 

2.  Based on his service in Vietnam and participation in three campaigns, he is entitled to the VSM with three bronze service stars and the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 for the period ending 7 June 1972 should be corrected to show these awards.

3.  He was honorably released from active duty in the rank of specialist four with 
3 years, 8 months, and 5 days of total active service and no lost time.  He received all "excellent" conduct and efficiency ratings throughout his service.  It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 3 October 1968 through 2 October 1971 based on completion of a period of three years.  Therefore, he should be awarded the first award of the Army Good Conduct Medal and his DD Form 214 for the period ending 7 June 1972 should be corrected to show this award.

4.  His unit (Company C, 3rd Battalion, 1st Infantry) in Vietnam was cited for the Valorous Unit Award during his period of assignment.  Therefore, his DD Form 214 for the period ending 7 June 1972 should be corrected to show this unit award.

5.  His unit (HHC, 11th Infantry Brigade) in Vietnam was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 for the period ending 7 June 1972 should be corrected to show this unit award.

BOARD VOTE:

____x___  ____x___  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  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.  awarding him the first award of the Army Good Conduct Medal for the period 3 October 1968 through 2 October 1971; and

	b.  adding the Army Good Conduct Medal (1st Award), the Purple Heart, VSM with three bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Valorous Unit Award, and  Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214 for the period ending 7 June 1972.




      _______ _   _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)                                         AR20130017629





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ABCMR Record of Proceedings (cont)                                         AR20130017629



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