IN THE CASE OF

		BOARD DATE:	  26 June 2014

		DOCKET NUMBER:  AR20130017720 


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 and Army Commendation Medal.

2.  The applicant states the medals are missing from his DD Form 214.

3.  The applicant provides:

* Purple Heart Certificate
* General Orders Number 501, issued by Headquarters, 1st Brigade, 101st Airborne Division, dated 21 March 1967

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 Regular Army on 7 September 1965.

3.  He served in Vietnam from 22 April 1966 to 20 April 1967 and from 14 February 1968 to 4 June 1968.  While in Vietnam, he was assigned to:

* Company C, 2nd Battalion (Airborne), 327th Infantry from 8 May 1966 to 20 April 1967
* Company B, 2nd Battalion, 505th Infantry (Airborne) from 14 February 1968 to 4 June 1968

4.  General Orders Number 501, dated 21 March 1967, awarded him the Army Commendation Medal for the period 22 April 1966 to 18 March 1967.

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

* Item 38 (Record of Assignments) – he received "excellent" conduct and efficiency ratings and he was placed in a patient status on 5 June 1968
* Item 40 (Wounds) – fragment wound right leg and left calf, 27 May 1968
* Item 41 (Awards and Decorations), in part, special orders awarded him the:

*	Sharpshooter Marksmanship Qualification Badge with Rifle Bar
*	Expert Marksmanship Qualification Badge with Machine Gun Bar 
   (M-60)
		*	Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

6.  On 16 August 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  His DD Form 214 shows award of the:

* Parachutist Badge
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device 1960
* National Defense Service Medal
* Combat Infantryman Badge
* 2 Overseas Service Bars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

7.  The applicant's name appears on the Vietnam casualty roster as having been wounded in action on 27 May 1968.

8.  A review of the U.S. Army Human Resources Command Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Purple Heart pertaining to the applicant.

9.  The applicant provides a Purple Heart Certificate that shows the Purple Heart was awarded to him for wounds received in action in the Republic of Vietnam on 27 May 1968.

10.  A review of the available records indicates the applicant is entitled to additional awards not shown on his DD Form 214.

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

12.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B shows that his service in Vietnam coincided with the following campaigns:

* Vietnam Counteroffensive (25 December 1965 – 30 June 1966)
* Vietnam Counteroffensive Phase II (1 July 66 – 31 May 1967)
* Tet Counteroffensive (30 January 1968 – 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April 1968 – 30 June 1968)

13.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows:

* Company C, 2nd Battalion, 327th Infantry was cited for award of the Presidential Unit Citation for the period 19 through 22 June 1966 by Department of the Army General Orders (DAGO) Number 73, dated 1968

* 2nd Battalion, 327th Infantry was cited for award of the:

*	Meritorious Unit Commendation for the period 29 July 1965 through 1 October 1966 by Department of the Army General Order (DAGO) Number 1, dated 1969
*	Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 July through 31 July 1966 and 9 December 1966 through 18 January 1967 by DAGO Number 21, dated 1969


* 2nd Battalion, 505th Infantry was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 March through 4 October 1968 by DAGO Number 48, dated 1971

14.  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 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.

15.  Army Regulation 600-8-22 states the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was wounded in action on 27 May 1968 and it appears he has been awarded the Purple Heart.  Therefore, he is entitled to correction of his DD Form 214 to show this award. 

2.  General orders awarded him the Army Commendation Medal; therefore, he is entitled to correction of his DD Form 214 to show this award. 

3.  The applicant served honorably during the period 7 September 1965 through 16 August 1968.  He received all "excellent" conduct and efficiency ratings throughout his period of service with no disciplinary actions or a commander's disqualification.  Therefore, 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.

4.  The units to which he was assigned in Vietnam were awarded the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and Presidential Unit Citation; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

5.  Special orders awarded him the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) and Rifle Bar (M-16); therefore, he is entitled to correction of his DD Form 214 to show these badges.
6.  He served in Vietnam during four campaigns.  Therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars for wear on his previously-awarded Vietnam Service Medal.

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:

* awarding him the Army Good Conduct Medal (First Award) for the period 7 September 1965 through 16 August 1968;
* deleting from his DD Form 214 the Vietnam Service Medal; and 
* adding the following to his DD Form 214:

		*	Purple Heart
   *	Army Commendation Medal 
   *	Army Good Conduct Medal (1st Award)
   *	Vietnam Service Medal with four bronze service stars
   *	Meritorious Unit Commendation
   *	Presidential Unit Citation
   *	Republic of Vietnam Gallantry Cross with Palm Unit Citation


   *	Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
*	Expert Marksmanship Qualification Badge with Machine Gun Bar 
(M-60) and Rifle Bar (M-16)



      __________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)                                         AR20130017720



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ABCMR Record of Proceedings (cont)                                         AR20130017720



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