IN THE CASE OF:	  

		BOARD DATE:	  9 September 2014

		DOCKET NUMBER:  AR20140000045 


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 a second award of the Purple Heart.  He also requests correction of his 1968 Purple Heart orders to show Purple Heart with 1st Oak Leaf Cluster.

2.  The applicant states:

* he was awarded the Purple Heart in 1967 for being wounded in action on 9 October 1967
* he was also awarded the Purple Heart in 1968 and he wants these orders amended to show the Purple Heart with 1st Oak Leaf Cluster

3.  The applicant provides:

* General Orders Number 114, issued by the 2nd Surgical Hospital (Mobile Army) on 10 October 1967
* General Orders Number 3523, issued by Headquarters, AMERICAL Division on 29 June 1968
* his DD Form 214, for the period ending 1 July 1968

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 enlisted in the Regular Army on 16 August 1965 for a period of 3 years.  He arrived in the Republic of Vietnam on 3 July 1967.  He served as a light weapons infantryman assigned to Company A, 4th Battalion, 31st Infantry Regiment, from 9 July 1967 to 28 June 1968.  Records show he participated in two campaigns during his assignment in Vietnam.

3.  General Orders Number 114, issued by the 2nd Surgical Hospital (Mobile Army) on 10 October 1967, show he was awarded the Purple Heart for wounds received in action in the Republic of Vietnam on 9 October 1967.

4.  General Orders Number 3428, issued by Headquarters, AMERICAL Division on 26 June 1968, show he was awarded the Army Commendation Medal.

5.  General Orders Number 3523, issued by Headquarters, AMERICAL Division on 29 June 1968, show he was awarded the Purple Heart for wounds received in action in the Republic of Vietnam on 1 May 1968.

6.  On 1 July 1968, he was honorably released from active duty in the rank/grade of sergeant/E-5, at the conclusion of 2 years, 10 months, and 16 days of creditable active service, with no lost time.  His DD Form 214 shows he was awarded or authorized the:

* Purple Heart
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* two overseas service bars

7.  There is no evidence that the applicant received the first award of the Army Good Conduct Medal.  There is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.  His DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.

8.  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.

9.  Army Regulation 600-8-22 (Military Awards) states an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

10.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.

11.  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant was awarded two Purple Hearts, one award in 1967 and one award in 1968.  His DD Form 214 shows a single award of the Purple Heart; therefore, his DD Form 214 should be corrected to show two awards of the Purple Heart.  Additionally, General Orders Number 3523, issued by Headquarters, AMERICAL Division on 29 June 1968, should be amended to show he was awarded the Purple Heart with 1st Oak Leaf Cluster.

2.  General orders awarded him the Army Commendation Medal, which is not shown on his DD Form 214; therefore, his DD Form 214 should be corrected to show it.

3.  He served honorably during the period 16 August 1965 through 1 July 1968.  He was honorably released from active duty in the rank of sergeant with 34 months of total active service and no lost time.  He received all "excellent" conduct and efficiency ratings throughout his service and he had no record of any disciplinary action or a commander's disqualification.  It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal, for the period 16 August 1965 through 1 July 1968, based on his completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

4.  His DD Form 214 shows he was awarded the Vietnam Service Medal; however, it does not show he was awarded any bronze service stars, which are affixed to the Vietnam Service Medal to denote the number of campaigns he was credited with participating in.  His record shows he participated in two campaigns during his service in the Republic of Vietnam; therefore, it would be appropriate to correct his DD Form 214 to show he was awarded the Vietnam Service Medal with two bronze service stars.

5.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant served in Vietnam during a qualifying period; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

BOARD VOTE:

____X____  ____X____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 16 August 1965 through 1 July 1968;

	b.  amending General Orders Number 3523, issued by Headquarters, AMERICAL Division on 29 June 1968, to show he was awarded the Purple Heart with 1st Oak Leaf Cluster, for wounds received in action in the Republic of Vietnam on 1 May 1968;
	c.  amending his DD Form 214 by deleting his previous awards of the Purple Heart and Vietnam Service Medal; and

	d.  amending his DD Form 214 by adding the following awards:

* Purple Heart (2nd Award)
* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20140000045



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ABCMR Record of Proceedings (cont)                                         AR20140000045



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