IN THE CASE OF:  		  

		BOARD DATE:  16 September 2014  	  

		DOCKET NUMBER:  AR20130022238 


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 “(First Oak Leaf Cluster),” (i.e., Purple Heart (Second Oak Leaf Cluster)).  

2.  He states, in effect, he was awarded an additional award of the Purple Heart based on General Orders Number 4910.

3.  He provides his DD Form 214 and General Orders Number 4910, dated 21 April 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 of the United States on 28 February 1968.  

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

   a.  Item 31 (Foreign Service), he served in Vietnam from 14 January to 15 April 1969;
   
   b.  Item 38 (Record of Assignments), he received all "excellent" conduct and efficiency ratings;
   
   c.  Item 38, he was assigned to Company B, 5th Battalion, 7th Cavalry, 1st Air Cavalry Division in Vietnam from 14 January to 15 April 1969;
   
   d.  Item 38, he was transferred to the Medical Holding Company (MHC), 249th General Hospital on 15 April 1969 in a patient status;
   
   e.  Item 38, he was further transferred to the MHC, U.S. Army Hospital, Fort Campbell, KY on 3 May 1969 in a patient status;
   
   f.  Item 40 (Wounds), he sustained multiple fragment wound to his left hand, nose, chest, and both legs on 4 March 1969; fragment wound to his left temporal on 2 April 1969; and fragment wounds to his right wrist, right hand, and neck on 
9 April 1969;

4.  Headquarters, 1st Air Cavalry Division published General Orders Number 2892, dated 9 March 1969 and General Orders Number 4007, dated 2 April 1969, which show he was awarded the Purple Heart and Purple Heart (First Oak Leaf Cluster) for wounds received in action on 4 March 1969 and 2 April 1969, respectively.

5.  He provided a copy of Headquarters, 1st Air Cavalry Division, General Orders Number 4910, dated 21 April 1969, which awarded him the Purple Heart (Second Oak Leaf Cluster), indicating three awards of the Purple Heart, for wounds he received on 9 April 1969.  

6.  On 27 February 1970, he was honorably released from active duty in the rank of sergeant (SGT)/E-5.  He completed 2 years of total active service with no time lost.  His service record is void of disciplinary actions or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.


7.  His DD Form 214 shows award of the:

* Vietnam Service Medal
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* National Defense Service Medal
* Purple Heart (First Oak Leaf Cluster)

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

	a.  In paragraph 2-13 the regulatory guidance on the Vietnam Service Medal.  It states that 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, the applicant participated in the Vietnam Counteroffensive Phase VI and Tet 69/Counteroffensive 1969.

	b.  The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Individuals who qualified for award of the Vietnam Service Medal for less than 6 months of service but were wounded as a result of hostile action are also entitled to award of the Republic of Vietnam Campaign Medal with Device (1960).

9.  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 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.  There must have been no convictions by a court-martial.

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 the unit to which the applicant was assigned was cited for award of the:

   a.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 19 May 1969 by Department of the Army General Order (DAGO) Number 59, dated 1969.
   
   b.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 to 1 February 1970 by DAGO Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  General orders show the applicant was awarded the Purple Heart (Second Oak Leaf Cluster) for wounds he received in action on 9 April 1969.  Therefore, his DD Form 214 should be corrected to reflect three awards of the Purple Heart.  

2.  His unit in Vietnam was cited for award 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.  Therefore, his DD Form 214 should be corrected to show these unit awards.

3.  It appears he met the regulatory requirements for the Army Good Conduct Medal (1st Award) for a qualifying period of service from 28 February 1968 through 27 February 1970.  His service record shows he received all "excellent" conduct and efficiency ratings throughout his service and he was promoted to SGT during this period.  There is also no evidence of any disciplinary actions or a commander's disqualification that would have precluded such award.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.

4.  He served a qualifying period of service for the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show this award.

5.  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 show these bronze service stars.

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 28 February 1968 through 27 February 1970;

   b.  deleting the Purple Heart (First Oak Leaf Cluster) and the Vietnam Service Medal from his DD Form 214; and

	c.  adding award of the Purple Heart (Second Oak Leaf Cluster), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Army Good Conduct Medal (1st Award), Republic of Vietnam Campaign Medal with Device (1960), and Vietnam Service Medal with two bronze service stars to his DD Form 214.




      __________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)                                         AR20130022238





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ABCMR Record of Proceedings (cont)                                         AR20130022238



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