BOARD DATE:	  9 September 2014

		DOCKET NUMBER:  AR20140000566 


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 two (vice one) awards of the Purple Heart.  

2.  The applicant states he was wounded on 9 August 1968 and on 19 August 1968.  He was awarded two awards of the Purple Heart.  However, his DD Form 214 does not show the 1st oak leaf cluster for the second award. 

3.  The applicant provides:

* DD Form 214
* General Orders (GO) Number 5885 (Purple Heart)
* GO Number 5972 (Purple Heart)
* GO Number 6356 (Amendment)

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 16 February 1967 and he held military occupational specialty 11B (Light Weapons Infantryman). 

3.  Special Orders (SO) Number 89, issued by Headquarters, U.S. Army Training Center, Fort Campbell, KY, on 12 April 1967, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 

4.  Headquarters, U.S. Army Training Center, Fort Lewis, WA, published the following SO: 

* SO Number 158, on 14 June 1967, awarding him the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* SO Number 140, on 26 May 1967, awarding him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

5.  He served in Vietnam from on or about 17 April 1968 to on or about 6 February 1969.  He was assigned to Company D, 2nd Battalion, 14th Infantry Regiment, 25th Infantry Division. 

6.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows he sustained two injuries.  On 9 August 1968, he received a fragment wound to the chest, and on 19 August 1968, he received a fragment wound to the left ear and right wrist. 

7.  Headquarters, 25th Infantry Division, published the following GO: 

* GO Number 5885, on 17 August 1968, awarding him the Purple Heart for wounds received in action on 9 August 1968
* GO Number 5972, on 22 August 1968, awarding him the Purple Heart for wounds received in action on 19 August 1968
* GO Number 6356, on 12 September 1968, amending GO Number 5972, issued on 22 August 1968, awarding him the Purple Heart, to show award of the Purple Heart (1st Oak Leaf Cluster) 

8.  He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 6 February 1969.  He completed 1 year, 11 months, and 21 days of active service with no lost time.  His DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Combat Infantryman badge
* Purple Heart

9.  A review of his service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Furthermore, item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service.

10.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

11.  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.  During the applicant's period of service in Vietnam, campaign participation credit was awarded for the:

* Vietnam Counteroffensive Phase IV, 2 April - 30 June 1968
* Vietnam Counteroffensive Phase V, 1 July - 1 November 1968
* Vietnam Counteroffensive Phase VI   2 November 1968 - 22 February 1969
* Tet 69/Counteroffensive, 23 February - 8 June 1969

12.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows during his service with the 2nd Battalion, 14th Artillery Regiment, this unit was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period April 1966 to August 1968 by DAGO Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 20 April 1966 to 21 January 1970 by DAGO Number 51, dated 1971


DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant sustained two combat wounds as a result of hostile action in Vietnam as confirmed by the entries on his DA Form 20.  The injuries are further confirmed with the publication of GO awarding him two awards of the Purple Heart.  His DD Form 214 listed only one award.  He should be entitled to correction of his DD Form 214 to show both awards. 

2.  He was awarded the Vietnam Service Medal.  Additionally, records show he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal and correction of his records as such.

4.  He was previously awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60), and Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, he is entitled to correction of his DD Form 214 to show these badges. 

5.  GO awarded the applicant’s unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his records to show these unit awards. 

6.  He served honorably from 16 February 1967 through 6 February 1969.  He completed 1 year, 11 months, and 21 days of active service with no lost time of honorable service.  He served in Vietnam, attained the rank/grade of SGT/E-5, and he received "excellent" efficiency and conduct ratings throughout his military service. His records contain no derogatory information that would have disqualified him from receiving the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal and correct his DD Form 214 to show this medal.

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:

* awarding him the Army Good Conduct Medal (1st award) for the period  16 February 1967 through 6 February 1969
* deleting from his DD Form 214 the Vietnam Service Medal and Purple Heart
* adding to his DD Form 214 the:

* Purple Heart (2nd Award)
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Republic of Vietnam the 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)                                         AR20140000566



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ABCMR Record of Proceedings (cont)                                         AR20140000566



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