IN THE CASE OF:	  

		BOARD DATE:	  21 August 2014

		DOCKET NUMBER:  AR20140000490 


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 Army Good Conduct Medal, Army Commendation Medal with "V" Device, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

2.  The applicant states omission of the Army Good Conduct Medal must have been an error.  The other awards were issued after his discharge.  His DD Form 214 has never been corrected.

3.  The applicant provides:

* DD Form 214
* DD Form 215 (Correction to DD Form 214)
* Headquarters, 25th Infantry Division, General Orders Number 746, dated 21 February 1968
* Headquarters, 25th Infantry Division, General Orders Number 1554, dated 25 March 1968
* U.S. Army Human Resources Command Permanent Order 092-01, dated 2 April 2013
* Headquarters, Department of the Army, General Orders Number 48, dated 14 October 1971
* Headquarters, Department of the Army, General Orders Number 51, dated 10 November 1971


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 provided Headquarters, 25th Infantry Division, General Orders Number 1554, dated 25 March 1968, awarding him the Army Commendation Medal with "V" Device and his DD Form 215 correcting his DD Form 214 for the period ending 16 July 1969 to add this award.  Therefore, this issue will not be discussed further in this Record of Proceedings.

3.  The applicant was inducted into the Army of the United States on 17 July 1967.  He completed training and he was awarded military occupational specialty 11B (Light Weapons Infantryman).

4.  On 17 December 1967, he was transferred to Vietnam.  His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Company C, 3d Battalion, 22d Infantry Regiment, 25th Infantry Division, on 27 December 1967.

5.  Headquarters, 25th Infantry Division, General Orders Number 746, dated 21 February 1968, awarded the applicant the Purple Heart for wounds received in action in the Republic of Vietnam on 14 February 1968.

6.  On 5 May 1968, he was reassigned to Detachment 1, 25th Adjutant General Replacement Detachment, 25th Infantry Division.  He was further reassigned to Medical Holding Detachment, 106th General Hospital, as a patient effective 1 June 1968.  He departed Vietnam on or about 7 June 1968 and he was assigned to Medical Holding Detachment, U.S. Army Hospital, Fort Devens, MA, effective 13 June 1968.

7.  The applicant was honorably released from active duty on 16 July 1969.  His DD Form 214, as amended by a DD Form 215, shows he was awarded or authorized the:
* Vietnam Service Medal with three bronze service stars
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Purple Heart
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Army Commendation Medal with "V" Device

8.  Headquarters, Department of the Army, General Orders Number 48, dated 14 October 1971, awarded 3d Battalion, 22d Infantry Regiment, 25th Infantry Division, the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1967 to August 1968.

9.  Headquarters, Department of the Army, General Orders Number 51, dated 10 November 1971, awarded 3d Battalion, 22d Infantry Regiment, 25th Infantry Division, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 to 21 January 1970.

10.  U.S. Army Human Resources Command Permanent Order 092-01, dated 2 April 2013, awarded the applicant the Army Good Conduct Medal for the period 17 July 1967 to 16 July 1969.

11.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army.  It established standardized policy for preparing and distributing the DD Form 214.  It stated to list all awards and decorations in the priority sequence specified in Army Regulation 600-8-22 (Military Awards).

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant was awarded the Army Good Conduct Medal.  Therefore, this award should be added to his DD Form 214.

2.  Orders show 3d Battalion, 22d Infantry Regiment, 25th Infantry Division, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period the applicant was assigned to the 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 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 adding the following awards to his DD Form 214:

* Army Good Conduct Medal
* 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)                                         AR20140000490



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ABCMR Record of Proceedings (cont)                                         AR20140000490



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