IN THE CASE OF:	  

		BOARD DATE:	  12 June 2014

		DOCKET NUMBER:  AR20130018779 


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 that his award of the Purple Heart and any other awards to which he is entitled be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

2.  The applicant states that his award of the Purple Heart was not included on his DD Form 214. 

3.  The applicant provides copies of his DD Form 214 and Purple Heart orders. 

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 was inducted in Kansas City, Missouri on 15 December 1967.  He completed his basic training at Fort Bliss, Texas and his advanced individual training as a light weapons infantryman at Fort Polk, Louisiana before being transferred to Vietnam on 23 May 1968 for assignment to Company A, 2nd Battalion, 22nd Infantry Regiment. 

3.  The applicant suffered a contusion to the head when the vehicle he was in hit an enemy land mine on 14 December 1968.  General  Orders Number 8856 issued by Headquarters, 25th Infantry Division on 16 December 1968 awarded him the Purple Heart.

4.  After participating in five campaigns, the applicant departed Vietnam on 
18 July 1969 and was transferred to Fort Lewis, Washington where he was honorably released from active duty (REFRAD) as an overseas returnee.  He had served 1 year, 7 months and 5 days of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, Vietnam Service Medal (VSM), Vietnam Campaign Medal, and Army Commendation Medal. 

5.  A review of his official records shows that he had excellent conduct and efficiency ratings throughout his service and his record is void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).

6.  Army Regulation 600-8-22 states the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying 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.  

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit.  

13.  Army Regulation 600-8-22 states a bronze service star, based on qualifying service for each campaign listed in appendix B will be worn on the appropriate service medal. A silver service star is worn in lieu of five bronze service stars.



DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Purple Heart for wounds received in Vietnam as a result of enemy action.  Accordingly, it should be added to his DD Form 214 at this time.

2.  After carefully examining the applicant’s record of service, it appears that the applicant should have received the first award of the AGCM for his service from 15 December 1967 through 19 July 1969.  This conclusion is based on the fact that the record is void of any derogatory information which would preclude the applicant from being awarded the AGCM and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving this award.

3.  The evidence suggests that the applicant not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of his unit commanders.  Therefore, in the interest of justice, this error should be corrected and the applicant should be awarded the AGCM at this time. 

4.  Additionally, the applicant’s unit(s) was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit.  Accordingly, he is entitled to have those awards added to his DD Form 214 at this time.

BOARD VOTE:

____X____  ___X_____  __X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. 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:

* Deleting the award of the VSM from item 24 of his DD Form 214
* Awarding him the AGCM (first award) for his service from 15 December 1967 through 19 July 1969
* Adding the awards of the Vietnam Service Medal with one silver service star, Purple Heart, AGCM (first award), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214

2.  The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _   _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)                                         AR20130018779





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ABCMR Record of Proceedings (cont)                                         AR20130018779



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