IN THE CASE OF:	  

		BOARD DATE:	  31 July 2014

		DOCKET NUMBER:  AR20130021956 


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 Sates Report of Transfer or Discharge) to show the second award of the Purple Heart.

2.  The applicant states his second award of the Purple Heart was omitted from his DD Form 214.

3.  The applicant provides a DD Form 214 and orders for the Purple Heart with 1st oak leaf cluster (2nd award).

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 10 May 1966.

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

* item 31 (Foreign Service), he served in Vietnam from 10 January 1967 to 3 January 1968
* item 38 (Record of Assignments), he served with the 3rd Battalion, 47th Infantry from 10 January to 8 August 1967 and with the 2nd Battalion, 39th Infantry from 9 August 1967 to 2 January 1968
* item 38, he received all "excellent" conduct and efficiency ratings throughout his active duty service

4.  Headquarters, 9th Infantry Division General Orders Number 499, dated 6 April 1967, awarded him the Purple Heart for wounds sustained on 27 March 1967.

5.  Headquarters, 9th Infantry Division General Orders Number 7746, dated 
31 December 1967, awarded him the second award of the Purple Heart for wounds sustained on 18 December 1967.

6.  His record is void of derogatory information or a unit commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.

7.  He was honorably released from active duty on 9 May 1968.  His DD Form 214 shows he completed 2 years of active duty service.  It further shows he was awarded or authorized the:

* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Purple Heart
* Vietnam Service Medal with one bronze service star
* 2nd Class Gunner(M-60 Machine Gun)
* Republic of Vietnam Campaign Medal
* Combat Infantryman Badge
* Bronze Star Medal with "V" Device 

8.  Army Regulation 672-5-1 (Awards), in effect at the time, states 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.  

9.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance for award of the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam participation credit was awarded for the following two campaigns:

* Vietnamese Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnamese Counteroffensive Phase III (1 June 1967 - 29 January 1968)

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 that during his assignment to the 3rd Battalion, 47th Infantry, this unit was cited for the following unit awards:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966-30 June 1968 by Department of the Army General Orders (DAGO) Number 31, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966-28 June 1968 by DAGO Number 59, dated 1969

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show the second award of the Purple Heart has been carefully considered.

2.  General orders show he was awarded the Purple Heart with 1st oak leaf cluster (2nd award).  Therefore, his DD Form 214 should be corrected to show these awards.

3.  The evidence of record shows he received all "excellent" conduct and efficiency ratings throughout his active duty service and his records are void of derogatory information or a commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal.  Therefore, he should be awarded the first award of the Army Good Conduct Medal for the period 10 May 1966 to 9 May 1967 and his DD Form 214 should be corrected to show this award.

4.  He was awarded the Vietnam Service Medal with one bronze service star; however, he participated in two campaigns during his service in Vietnam. Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to reflect the additional bronze service star.
5.  The 3rd Battalion, 47th Infantry was cited in general orders for awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment to this unit.  Therefore, his DD Form 214 should be corrected to show these unit awards.

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 
10 May 1966 to 9 May 1967;

	b.  deleting from his DD Form 214 the Purple Heart and the Vietnam Service Medal with one bronze service star; and

	c.  adding to his DD Form 214 the :

* Purple Heart (2nd award)
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation



      _____________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)                                         AR20130021956



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ABCMR Record of Proceedings (cont)                                         AR20130021956



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