BOARD DATE:	  14 August 2014

		DOCKET NUMBER:  AR20130021893 


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 (Report of Transfer or Discharge) to show the Army Commendation Medal with "V" Device and the Purple Heart with Oak Leaf Cluster.

2.  The applicant states these corrections are necessary to demonstrate his eligibility for the Order of the Purple Heart.

3.  The applicant provides copies of his DD Form 214, citation for the Air Medal, orders for the Army Commendation Medal with "V" Device, and orders for the Purple Heart with 1st Oak Leaf Cluster.

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 18 October 1967, the applicant was inducted.  He completed training as a medical aidman and was posted to Vietnam.  

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

   a.  item 31 ( Foreign Service) – Vietnam from 6 April 1968 to 26 May 1969;

   b.  item 38 (Record of Assignments) – Headquarters and Headquarters Company, 3rd Battalion, 187th Infantry, 101st Airborne Division from 17 April 1968 through 23 May 1969 and exclusively “excellent” conduct and efficiency ratings throughout his period of active duty;

   c.  item 40 (Wounds) fragment wounds to left leg, left side of head, and back on 31 August 1968 and metal fragment wound to the chest on 7 September 1968;

	d.  item 41 (Awards and Decorations) – 

* National Defense Service Medal
* Vietnam Service Medal
* Combat Medical Badge
* Army Commendation Medal with "V" Device
* Vietnam Campaign Medal with Device 1960
* Bronze Star Medal
* Purple Heart with First Oak Leaf Cluster
* Expert Marksmanship Qualification Badge with Rifle (M-14) Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar

4.  In addition to the awards listed above the applicant's record also contains orders for award of the Air Medal and an Army Commendation Medal for meritorious achievement from 1 October 1968 to 28 February 1969.

5.  On 26 May 1969, he was honorably released for active duty in pay grade E-4.  His DD Form 214 lists his awards as the – 

* National Defense Service Medal
* Vietnam Campaign Medal with Device 1960
* Vietnam Service Medal
* Army Commendation Medal
* Bronze Star Medal 



6.  The applicant appears to be eligible for other awards as follows: 

	a.  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 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.  

	b.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  The applicant's tour of duty corresponds with the following four campaign periods: Vietnam Counteroffensive Phase IV from 2 April - 30 June 1968; Vietnam Counteroffensive Phase V from 1 July - 1 November 1968; Vietnam Counteroffensive Phase VI from 2 November 1968 - 22 February 1969; Tet 69/Counteroffensive from 23 February - 8 June 1969.

	c.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Roster) shows 3rd Battalion, 187th Infantry Regiment was awarded the Presidential Unit Citation for the period 13 June 1968 through 23 September 1968 by Department of the Army General Order (DAGO) Number 38 of 1971 and 10 through 21 May 1969 by DAGO Number 16 of 1972; the Valorous Unit Award for the period 1 March through 3 October by DAGO Number 22 of 1976; Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 July 1968 through 14 May 1969 by Department of the DAGO Number 43 OF 1970; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 3 October 1968 through 2 May 1970 by DAGO Number 48 of 1971.  

DISCUSSION AND CONCLUSIONS:

1.  The applicants DD Form 214 shows only the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device 1960, Vietnam Service Medal, Army Commendation Medal, and the Bronze Star Medal as authorized awards. 

2.  Based on official orders, the applicant was awarded the Bronze Star Medal, Purple Heart with Oak Leaf Cluster, Air Medal, Army Commendation Medal with "V" Device and Oak Leaf Cluster, Combat Medical Badge, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, he is entitled to correction of his record to show these awards.  

3.  The applicant distinguished himself by his exclusively “excellent” conduct and efficiency marks, offense-free record, and combat service.  Notwithstanding the absence of a commander's recommendation, he should be awarded the Army Good Conduct Medal (1st Award) for his service from 18 October 1967 through 26 May 1969.

4.  The applicant served during four designated campaign periods and is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal.

5.  The applicant's unit was awarded the Presidential Unit Citation (2nd award), Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

6.  In view of the foregoing findings and conclusions, it is appropriate to correct the applicant's records 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:

	a.  Awarding him the Army Good Conduct Medal (1st Award) for the period 18 October 1967 through 26 May 1969;

	b.  deleting all awards from his DD Form 214; and 


	c.  showing that his authorized awards consist of the – 

* Bronze Star Medal
* Purple Heart With Oak Leaf Cluster
* Air Medal
* Army Commendation Medal with "V" Device and Oak Leaf Cluster
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960) 
* Presidential Unit Citation (2nd Award)
* Valorous Unit Award 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Combat Medical Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with 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)                                         AR20130021893





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ABCMR Record of Proceedings (cont)                                         AR20130021893



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