IN THE CASE OF:	   

		BOARD DATE:	  31 July 2014

		DOCKET NUMBER:  AR20130020175 


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 the Purple Heart (Second Oak Leaf Cluster) and the Bronze Star Medal with "V" Device.

2.  The applicant states he was awarded three Purple Heart medals and the Bronze Star Medal with "V" Device that are not recorded on his DD Form 214.  It was an error of omission on the part of the military.

3.  The applicant provides:

* General Orders Number 3454, dated 26 March 1969
* Bronze Star Medal Certificate, dated 28 March 1969
* General Orders Number 52, dated 26 February 1969
* Purple Heart Certificate, dated 26 February 1969
* General Orders 5649, dated 19 April 1969
* Purple Heart Certificate, dated 19 April 1969
* General Orders Number 9066, dated 25 December 1968
* Purple Heart Certificate, dated 25 December 1968
* DD Form 214, dated 17 August 1969

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 into the Army on 12 October 1967.  He completed training as a light weapons infantryman.

3.  The applicant arrived in Vietnam on 6 October 1968 and he was assigned to Company D, 2nd Battalion, 27th Infantry, 25th Division.  He participated in the following four campaigns:

* Vietnam Counteroffensive, Phase V Campaign, which extended from 1 July through 1 November 1968
* Vietnam Counteroffensive, Phase VI Campaign, which extended from 2 November 1968 through 22 February 1969
* Tet 69 Counteroffensive Campaign, which extended from 23 February through 8 June 1969
* Vietnam Summer-Fall 1969 Campaign, which extended from 9 June through 31 October 1969

4.  On 25 December 1968, the applicant was awarded the Purple Heart in General Orders Number 9066.

5.  On 26 February 1969, he was awarded the Purple Heart (First Oak Leaf Cluster) in General Order Number 52.

6.  On 26 March 1969, the applicant was awarded the Bronze Star Medal with "V" Device in General Orders Number 3454.

7.  On 19 April 1969, he was awarded the Purple Heart (Second Oak Leaf Cluster) in General Order 5649.

8.  The applicant departed Vietnam en-route to the United States on 16 August 1969.  He was released from active duty in pay grade E-6 on 17 August 1969 as an overseas returnee.  His DD Form 214 shows the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Bronze Star Medal
* Combat Infantryman Badge
* Vietnam Gallantry Cross
* Army Commendation Medal

9.  There is no evidence in his records of any court-martial convictions, unfavorable personnel actions, or statements that would justify his disqualification for award of the Army Good Conduct Medal.  His DA Form 20 (Enlisted Qualification Record) shows he received all “excellent” conduct and efficiency rating.

10.  Army Regulation 600-8-22 (Military Awards) states:

	a.  An oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

	b.  The bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze “V” device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the Bronze Star Medal.  Although more than one award may be made for heroism to the same person, only one “V” device may be worn.

	c.  A bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.

	d.  The Army Good Conduct Medal 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.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This pamphlet shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 to 30 September 1970 by Department of the Army General Order Number 5, dated 1973 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1966 to 21 January 1970 by DAGO Number 51, dated 1971.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  The available evidence shows that he was awarded the Purple Heart (Second Oak Leaf Cluster) and he is authorized the "V" Device to be affixed to his already-awarded Bronze Star Medal.  He is authorized four bronze service stars to be affixed to his already-awarded Vietnam Service Medal and a Palm Unit Citation to be affixed to his already-awarded Vietnam Gallantry Cross.

3.  The applicant is also authorized the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

4.  There is no evidence in his records that would justify his disqualification for award of the Army Good Conduct Medal.

5.  In view of the foregoing, the applicant's records should be corrected as recommended below.

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 exemplary service from 12 October 1967 through 17 August 1969 and amending his DD Form 214 to add the following:

* Army Good Conduct Medal (First Award)
* Purple Heart (Second Oak Leaf Cluster)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* "V" Device (to be affixed to his already-awarded Bronze Star Medal)
* Four bronze service stars (to be affixed to his already-awarded Vietnam Service Medal)
* Palm Unit Citation (to be affixed to his already-awarded Vietnam Gallantry Cross)




      ___________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)                                         AR20130020175



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ABCMR Record of Proceedings (cont)                                         AR20130020175



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